Jeffrey J. Piccolo is suing Disney and the Raglan Road Irish Pub and Restaurant in Disney World Orlando for $50,000 in damages following the tragic death of his wife, Dr. Kanokporn Tangsuan. Tangsuan, who had severe dairy and nut allergies, suffered a fatal allergic reaction after dining at the restaurant in October of last year. Piccolo claims that the restaurant staff assured them that the food was safe for her to eat, but she experienced a severe reaction 45 minutes after her meal. Despite administering her EpiPen, Tangsuan was pronounced dead at a local hospital, with her death ruled as accidental due to anaphylaxis.
Piccolo’s lawsuit alleges that Disney and the restaurant failed to follow proper protocols to ensure the food was allergen-free. However, Disney is seeking to have the lawsuit dismissed and sent to arbitration, citing the terms and conditions Piccolo agreed to when signing up for a Disney+ account and purchasing theme park tickets. This move has sparked outrage, with West Palm Beach attorney Brian Denney calling it “outrageously unreasonable and unfair.” Denney and other legal experts argue that the court should not enforce arbitration, especially in a wrongful death case.
Disney has defended its position, stating that the restaurant is neither owned nor operated by the company and that they are only protecting themselves from being unfairly included in the lawsuit. They expressed sympathy for the family’s loss but maintained that their involvement in the case is limited. The ongoing legal battle has drawn attention to the broader implications of arbitration clauses in consumer agreements, with legal experts weighing in on the potential outcomes.
As the case unfolds, it highlights the challenges consumers face when navigating complex legal agreements and the potential limitations on their rights to seek justice through the courts. The outcome of this lawsuit could have significant implications for how similar cases are handled in the future, particularly regarding the enforceability of arbitration clauses in wrongful death claims.
