In a tragic incident at Raglan Road Irish Pub in Disney Springs, a woman named Kanokporn Tangsuan died after suffering from a severe allergic reaction due to dairy and nut in her food. Her husband, Jeffrey Piccolo, is now suing Walt Disney Parks and Resorts for wrongful death, seeking damages under Florida’s Wrongful Death Act. However, Disney is seeking to have the lawsuit dismissed and sent to arbitration because Piccolo had signed up for a free trial of Disney+ in 2019, which requires arbitration for all disputes with the company. Disney also claims that because Piccolo used their website to purchase Epcot Center tickets, they are shielded from any legal action related to the incident. Piccolo’s lawyer has criticized Disney’s argument as unreasonable and unfair, stating that it is an attempt by Disney to prevent any wrongful death cases from being heard by a jury.
Despite the tragic circumstances of Tangsuan’s death, Disney has stated that the restaurant where the incident occurred is not owned or operated by them, and they are simply defending themselves against inclusion in the lawsuit. The family’s attorney maintains that Disney is trying to block their right to a jury trial, even though the case facts are unrelated to Disney+. Piccolo is seeking damages for emotional distress, loss of companionship, and other expenses related to funeral and medical costs. The family’s grief and loss are acknowledged by Disney, but they are vehemently defending themselves against being included in the lawsuit against the restaurant.
The lawsuit details the events leading up to Tangsuan’s allergic reaction, including assurances from the waiter that certain foods were allergen-free, despite some lacking allergen flags. Even after confirming with the waiter multiple times, Tangsuan still suffered a severe allergic reaction while shopping in the Disney Springs area after dinner. Despite using an Epi-Pen, she ultimately died from anaphylaxis caused by elevated levels of dairy and nut in her system, as determined by a medical examiner’s investigation. The lawsuit alleges that the restaurant failed to provide proper safeguards against serving allergenic foods to Tangsuan, leading to the tragic outcome.
This case highlights the complexities of legal disputes involving wrongful death claims and the role of arbitration clauses in consumer agreements. Disney’s attempts to have the lawsuit dismissed based on Piccolo’s previous agreement to arbitration through the Disney+ trial demonstrate the potential impact of such clauses on individuals seeking legal redress. The family’s attorney’s criticism of Disney’s argument as unreasonable and unfair underscores the ethical and moral implications of companies seeking to shield themselves from legal liability through contractual terms. Despite the legal hurdles faced by the plaintiff, the pursuit of justice for Tangsuan’s death underscores the importance of holding companies accountable for their actions, particularly in cases involving tragic consequences like severe food allergies.
