Disney is in the process of trying to get a wrongful death suit thrown out of court in Florida with a controversial legal maneuver. Company lawyers are claiming that the plaintiff, Jeffery Piccolo, can't sue Disney and the case needs to be sent arbitration.
Why? Because Piccolo signed up for Disney Plus and bought an Epcot ticket on a Disney website.
Piccolo is specifically suing Walt Disney Parks and Resorts alleging negligence by the parks arm of Disney, because it controls the policies and restaurants within the parks. His attorney, Brian Denney, told CNN in February, "Jeff is bringing this case, in part, to prevent a tragedy like this from happening to another family."
Why is Disney being sued?
The lawsuit form Piccolo stems from an October 2023 visit by Piccolo, his wife Kanokporn Tangsaun and Piccolo's mother to the Walt Disney World Resort, located in Orlando, Florida.
While there, the trio ate at the Raglan Road Irish Pub in the Disney Springs area of the theme park. Tangsuan had a number of allergies and, according to the lawsuit, believed that restaurant would have safeguards for allergens.
A waiter allegedly informed the couple that foods could be made allergen free or were assured that an item in question was allergen-free. Unfortunately, Tangsuan suffered a "severe acute allergic reaction" and died despite the administration of an Epi-Pen. The lawsuit says she died from "anaphylaxis due to elevated levels of dairy and nut in her system," which was attributed to a medical examiner's autopsy.
The Disney Plus subscription clause
In court documents, Disney is shown attempting to get the $50,000 lawsuit tossed because Piccolo signed up for a one-month trial of Disney Plus in 2019. The Disney Plus terms of service requires Disney Plus users to arbitrate all disputes with the company.
"You and Disney agree to resolve, by binding individual arbitration as provided below, all Disputes (including any related disputes involving The Walt Disney Company, its subsidiaries, or its affiliates)."
There is a raft of boilerplate language like this in the Disney Plus terms of service. Everything is just vague enough with legalese that even with contextual clues in the TOS, such legal arguments can be brought forth.
Company lawyers are also arguing that because Piccolo used the Walt Disney Park's website to buy Epcot Center tickets the company is therefore shielded from a lawsuit by the estate of his deceased wife.
A push for arbitration
It's the latest in a number of legal moves by Disney lawyers to move on from the case. In May, Disney filed a motion requesting the circuit court in Florida order Piccolo move the case to private arbitration instead of public court. Disney explicitly said in court documents that move was to the "main benefit of arbitration is avoiding heavy litigation costs.”
Piccolo's lawyers responded to Disney's claims in early August calling the argument "preposterous" and later in a 123-page document, "the argument borders on the surreal."
"There is simply no reading of the Disney+ Subscriber Agreement which would support the notion that Mr. Piccolo agreed to arbitrate claims arising from injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort which ultimately led to her death," they wrote.
Piccolo's lawyers have argued that Disney attempting bar a customer's right to a jury trial "with any Disney affiliate or subsidiary is so outrageously unreasonable and unfair as to shock the judicial conscience."
What's next?
The judge on the case, A. James Craner, has not yet responded to either Disney's request or Piccolo's lawyers. It may be some time before this case is settled. If it is settled Disney's way, it may set a precedent for both a company's Terms of Service and what they can be used to quash legally.
Disney has not responded to request for comment, but we will update this article should we hear back.
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