The widower of Dr. Kanokporn Tangsuan is suing Disney for negligence after his wife suffered a fatal allergic reaction from eating the food she was assured was allergen-free at a restaurant in Disney Springs, a shopping and dining district at the Walt Disney World resort in Orlando, Florida.
Disney, however, wants the lawsuit thrown out because the plaintiff, Jeffrey Piccolo, had signed up for a trial Disney+ subscription a few years ago.
Tangsuan, 42, a physician at NYU Langone Hospital, had a severe allergy to nuts and dairy.
She died on October 5, 2023, from anaphylaxis following dinner at the Raglan Road Irish Pub and Restaurant located on Disney property.
Piccolo filed a lawsuit against Raglan Road Irish Pub and Walt Disney Parks and Resorts U.S. Inc. in February with the Orange County Circuit Court. He is seeking $50,000 in damages and a trial by jury "on all issues so triable."
He accused both companies of negligence for improperly preparing his wife's food and for failing to train their employees to guarantee her meal was prepared without the specified allergens as requested.
On the night of her dinner, Tangsuan had repeatedly informed the restaurant's wait staff of her strict dietary restriction.
She also inquired about the safety of specific menu items, had the server confirm with the chef that the requested meal could be prepared allergen-free, and asked for confirmation "several more times" afterward.
The lawsuit read:
"When the waiter returned with [Tangsuan's] food, some of the items did not have allergen-free flags in them, and [Tangsuan] and [Piccolo] once again questioned the waiter who, once again, guaranteed the food being delivered to [Tangsuan] was allergen free."
After dinner, Piccolo returned to the hotel room with leftovers while Tangsuan and Piccolo's mother stayed on the property to go shopping.
About 45 minutes later, Tangusan "began having severe difficulty breathing and collapsed to the floor."
She self-administered an EpiPen while a witness called 911.
Tangsuan was rushed to the hospital where she later died.
An autopsy report later indicated she had “very high” levels of nut and dairy allergens in her system upon her death.
In response to Piccolo's filing over his late wife's wrongful death, Disney tried to dismiss the lawsuit, claiming that because Piccolo had signed up for a free trial Disney+ subscription in 2019, he waived the right to a jury trial as stipulated in the agreement's terms and conditions.
According to a clause in the Disney+ contract Piccolo had agreed to by signing, new subscribers are required to settle all disputes with Disney through the use of mandatory, binding, third-party arbitration.
Disney explicitly stated in court documents that the "main benefit of arbitration is avoiding heavy litigation costs."
Piccolo also had agreed to the same terms and conditions when he purchased theme park tickets through the Disney account in 2023.
The company said that whether or not Piccolo actually read and acknowledged the fine print at any point was "immaterial."
According to a motion to compel, Disney stated that Piccolo “ignores that he previously created a Disney account and agreed to arbitrate ‘all disputes’ against 'The Walt Disney Company or its affiliates' arising 'in contract, tort, warranty, statute, regulation, or other legal or equitable bases.' "
The company's May 31 filing highlighted the protocols involved for Piccolo to use Disney services through its account.
The relevant points read:
"Before eating at Raglan Road Piccolo created a Disney account. And purchased park tickets with that account before dining at Raglan Road."
"In November 2019, Piccolo initially created a Disney account through the Disney+ website. Piccolo completed the registration webform by providing personal information, including his email address, and created a password."
"Before registering the account, Piccolo had to select 'Agree & Continue' Immediately above was a disclosure notifying Piccolo that '[b]y clicking Agree & Continue, you agree to our Subscriber Agreement'.”
"Piccolo then selected 'Agree and Continue'. The term 'Subscriber Agreement' was underlined in blue font and provided a hyperlink directly to the document. Piccolo also agreed to the Disney Terms of Use. Piccolo could not have created a Disney account without doing so."
"After agreeing to the Terms and Conditions, Piccolo purchased park tickets and registered the decedent as his 'guest'. Piccolo could not have completed the purchase without agreeing to the Disney Terms."
Disney's May 31 filing further stipulated:
“Piccolo agreed to delegate arbitrability issues to the arbitrator."
"The Disney Terms delegate to the arbitrator — not to a court—’exclusive authority’ to resolve ‘any dispute relating to’ the arbitration clause’s ‘interpretation, applicability or enforceability’ and whether ‘any part’ is ‘void or voidable.’ "
"It is hard to imagine a more expansive delegation clause.”
Piccolo's attorneys fired back at Disney's filing with an August 2 motion stating that the defendant's argument was “preposterous” and “fatally flawed for numerous independent reasons."
Piccolo's lawyers wrote in the 123-page filing:
"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 continued:
“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.”
The lawyers also noted that Disney's argument was irrelevant since Piccolo agreed to the terms and conditions on behalf of himself, not on behalf of his wife or her estate when clicking on the “agree and continue” button on the registration page for Disney+.
A court hearing for Disney's motion was scheduled for October 2 before Orange Circuit Court Judge A. James Craner.
According to the lawsuit, Piccolo, his mother, and Tangsuan chose to dine at Raglan Road Irish Pub because the establishment ensured there were “proper safeguards to protect patrons” from food allergies, as Tangsuan was “highly allergic to dairy and nuts."
She had repeatedly informed the wait staff of her allergies, a practice she was always hypervigilant about when dining out at any establishment she visited.
The lawsuit continued:
“Raglan Road advertises and represents to the public that food allergies and/or the accommodation of persons with food allergies is a top priority and that patrons/guests may consult with a chef or special diets trained Cast Member before placing an order, and at all times material, Plaintiff relied upon these representations in selecting Disney Springs/Raglan Road for dinner."
Tangsuan died from an allergic reaction on the same day she and Piccolo arrived at the Disney World resort, one of the couples' bucket list destinations.
The decedent's father,
Amnuay Tangsuan, 81, said that his daughter and only child entered the medical profession after her first reaction as a child taught her how to navigate the world more cautiously.
“She chose to be a doctor because she had an allergic reaction, and she said, ‘OK, I have to be something where I (know how) to treat myself,'” recalled Amnuay Tansguan.
A copy of the autopsy report obtained by Law&Crime indicated that the medical examiner determined Tangusan died as “the result of anaphylaxis" and the manner of death was determined to be an accident.
Piccolo and Tangsuan, who had been together for six years, had planned to drive the whole country in their newly purchased SUV.
It remains parked outside the couple’s Suffolk County home.
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