Gabrielle Russon
The attorney in a Disney World wrongful death lawsuit is pushing back on the entertainment company’s legal maneuvering using its Disney+ and Disney World mobile app terms and conditions.
Attorney Brian Denney called Disney’s argument “preposterous” and “absurd,” saying it “borders on the surreal” in his response filed in Orange Circuit Court this month.
Kanokporn Tangsuan was a doctor from New York who died in 2023 on her Disney World vacation from her severe food allergies. Her husband, Jeffrey Piccolo, is suing both Disney and the Disney Springs restaurant Raglan Road, accusing them of ignoring her repeated warnings about her severe allergies to dairy and nuts.
Now, Disney is arguing the wrongful death lawsuit should be paused and the case sent to an arbitrator — instead of a jury — because Piccolo subscribed to a free Disney+ trial in 2019 on his PlayStation and signed up for the My Disney Experience App to buy tickets to Epcot. Tangsuan died Oct. 5 after eating at the Irish restaurant, so she never made it to the theme park.
Under the terms and conditions for the popular Disney+ streaming service, consumers agree disputes must go to arbitration.
“The notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer’s 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,” Denney wrote in his response to Disney’s legal argument in the court filing.
“In effect, Walt Disney Parks and Resorts is explicitly seeking to bar its 150 million Disney+ subscribers from ever prosecuting a wrongful death case against it in front of a jury even if the case facts have nothing to with Disney+.”
Piccolo’s attorney argued the arbitration clause is “buried within terms and conditions” for Disney+.
It was also Piccolo who signed the terms of service, not Tangsuan, Denney argued. And Piccolo is suing as a representative of Tangsuan’s estate, so whatever terms and conditions he signed should have no effect on the lawsuit, Denney said.
Disney is arguing the same terms and conditions hold true for when Piccolo signed up for the Disney World app. Piccolo’s side argues the app’s fine print doesn’t even contain an arbitration clause and explicitly mentions that lawsuits can be filed in Orange County.
Meanwhile, Disney’s attorneys have asked the Judge to pause the wrongful death lawsuit.
“This lawsuit is destined for arbitration,” Disney attorneys said in a May 31 court filing. “Further litigation would only generate needless expenses and waste judicial resources.”
What’s next for the lawsuit that could have implications for guests who file a personal injury or wrongful death lawsuit against the theme park giant?
The two sides are scheduled for a court hearing Oct. 2 in front of Orange Circuit Court Judge A. James Craner.
