NEW YORK (AP) 鈥 Does signing up for Disney's popular streaming service mean you have agreed to never sue the entertainment giant over anything forever?
That is what Disney argues in a involving a 42-year-old New York doctor whose family claims had a fatal allergic reaction after eating at an Irish pub in Disney Springs in October.
Disney is asking a Florida court to dismiss a lawsuit brought against it by Jeffrey Piccolo, the husband of Kanokporn Tangsuan, a family medicine specialist with NYU Langone鈥檚 office in Carle Place, on Long Island.
The company argues Piccolo had agreed to settle any lawsuits against Disney out of court through the arbitration process when he signed up for a one-month trial of Disney+ in 2019 and acknowledged that he had reviewed the fine print.
鈥淭he Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause," the company wrote in its motion. 鈥淭he first page of the Subscriber Agreement states, in all capital letters, that 鈥榓ny dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration鈥.鈥
Disney also notes in its response that Piccolo agreed to a similar arbitration provision when he created an account on Disney's website and app ahead of the ill-fated theme park visit.
But Piccolo's lawyer, in a response filed earlier this month, argued that it was 鈥渁bsurd鈥 to believe that the more than 150 million subscribers to Disney+ have waived all rights to sue the company and its affiliates in perpetuity 鈥 even if their case has nothing to do with the popular streaming service.
鈥淭he notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer鈥檚 right to a jury trial in any dispute with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience, and this court should not enforce such an agreement,鈥 Brian Denney, Piccolo鈥檚 attorney, wrote in the Aug. 2 filing.
Disney, in its May 31 filing, argued that whether Piccolo actually reviewed the service terms is 鈥渋mmaterial." It also noted the arbitration provision 鈥渃overs 鈥榓ll disputes鈥 including 鈥榙isputes involving The Walt Disney Company or its affiliates鈥.鈥
Arbitration allows people to settle disputes without going to court and generally involves a neutral arbitrator who reviews arguments and evidence before making a binding decision, or award.
Disney said late Wednesday that it is 鈥渄eeply saddened鈥 by the family鈥檚 loss but stressed the Irish pub is neither owned nor operated by the company. The company鈥檚 stance in the litigation doesn鈥檛 affect the plaintiff鈥檚 claims against the eatery, it added.
鈥淲e are merely defending ourselves against the plaintiff鈥檚 attorney鈥檚 attempt to include us in their lawsuit against the restaurant,鈥 the company wrote in an emailed statement.
Raglan Road, the Irish pub in Disney Springs where Tangsuan dined, didn鈥檛 respond to an email seeking comment Wednesday. Disney Springs is owned by Disney, which leases some of the spaces in the outdoor dining, shopping and entertainment complex to other companies.
Piccolo's lawsuit, which was filed in February, claims that he, his wife and his mother decided to eat at Raglan Road on Oct. 5, 2023 because it was billed on Disney鈥檚 website as having 鈥渁llergen free food.鈥
After informing their server numerous times that she had a severe allergy to nuts and dairy products, Tangsuan ordered the vegan fritter, scallops, onion rings and a vegan shepherd鈥檚 pie.
The waiter then 鈥済uaranteed鈥 that the food was allergen-free even though some of the items were not served with 鈥渁llergen free flags," the lawsuit states.
About 45 minutes after finishing their dinner, Tangsuan had difficulty breathing while out shopping, collapsed and eventually died at the hospital, despite self-administering an EpiPen during the allergic reaction, according to the lawsuit.
A medical examiner鈥檚 investigation determined later she died as a result of 鈥渁naphylaxis due to elevated levels of dairy and nut in her system,鈥 the lawsuit said.
An Oct. 2 hearing has been scheduled on Disney's motion in county court in Orlando. Piccolo seeks more than $50,000 in his lawsuit.
