Jeffrey Piccolo's wife died of an allergic reaction after eating at a Disney World restaurant. Disney says his claims must be arbitrated out of court based on the terms of his years-old Disney+ trial.
Jeffrey Piccolo's wife died of an allergic reaction after eating at a Disney World restaurant. Disney says his claims must be arbitrated out of court based on the terms of his years-old Disney+ trial.The husband of a New York doctor who died shortly after dining at a Disney Springs restaurant last year has accused Walt Disney Parks and Resorts of negligence in a lawsuit. Disney has responded with a motion to compel arbitration rather than litigate in court.
The complaint details the family’s repeated conversations with their waiter about Tangsuan’s allergies. They allegedly raised the issue upfront, inquired about the safety of specific menu items, had the server confirm with the chef that they could be made allergen-free and asked for confirmation “several more times” after that.
“The medical examiner's investigation determined that cause of death was as a result of anaphylaxis due to elevated levels of dairy and nut in her system,” according to the lawsuit. The reason it says Piccolo must be compelled to arbitrate? A clause in the terms and conditions he signed off on when he created a Disney+ account for a month-long trial in 2019.Those terms of use — which users must acknowledge in order to create an account — state that “any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration.
They confirmed he did create a Disney+ account on his PlayStation in 2019, but he believes he canceled the subscription during the trial because he hasn’t found any charges associated with it after that point.
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