Disney+ Trial Doesn’t Halt Disney World Wrongful Death Suit

Disney is stepping back from a controversial legal tactic after facing public backlash. The company is now permitting a wrongful death suit to move forward after attempting to dismiss the case based on the plaintiff’s subscription to Disney+.

Background of the Case

Jeffrey Piccolo filed a wrongful death suit against Disney on behalf of his late wife who tragically passed away due to a severe allergy reaction following a meal at a Disney World restaurant. Initially, Disney sought to have the case thrown out, citing Piccolo’s subscription to Disney+ in 2019 as grounds for dismissal. However, due to criticism from the public, Disney has reversed its decision and allowed the lawsuit to proceed.

Disney Springs.
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Disney’s Response

Josh D’Amaro, chairman of Disney Experiences, issued a statement via Entertainment Weekly expressing Disney’s commitment to prioritizing compassion in such unique circumstances. He announced that Disney has waived its right to arbitration, opting to move the case to court to expedite a resolution for the grieving family.

Legal Perspective

Piccolo’s lawyer, Brian Denney, emphasized his client’s pursuit of justice for his wife in light of Disney’s attempts to avoid a jury trial. Denney highlighted the need to view corporations’ actions skeptically when they seek to evade accountability through legal maneuvers.

Incident Details

According to the complaint, the fatal incident occurred after Piccolo, his mother, and his wife, Kanokporn Tangsuan, dined at Raglan Road Irish Pub in Disney Springs. Despite assurances from restaurant staff that the food was safe for Tangsuan’s allergies, she experienced a severe reaction shortly after the meal and tragically passed away.

Cinderella Castle at Magic Kingdom.

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Legal Battle

Piccolo is seeking damages and a trial by jury, but Disney argued for arbitration based on Piccolo’s supposed agreement to arbitration clauses through his Disney+ subscription and theme park ticket purchases. Piccolo’s legal team refuted these claims, asserting that the arbitration clauses were not applicable to the circumstances of the wrongful death case.

In a detailed response, Piccolo’s attorneys argued against Disney’s attempts to bar subscribers from pursuing legal action, highlighting the importance of seeking justice through a jury trial in cases of this nature.

Conclusion

The decision to allow the wrongful death suit to proceed marks a significant development in the legal battle between Piccolo and Disney. This case underscores the complexities of legal disputes involving large corporations and the pursuit of justice for individuals and families.

FAQs

Q: What led to Disney reversing its decision on the wrongful death suit?

A: Public criticism and the unique circumstances of the case prompted Disney to waive its right to arbitration and allow the lawsuit to proceed in court.

Q: What are Piccolo’s main arguments against Disney’s arbitration claims?

A: Piccolo’s legal team contests Disney’s interpretation of the arbitration clauses, arguing that they do not apply to the specifics of the wrongful death incident involving Tangsuan.

Credit: ew.com