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.
Piccolo filed suit in February against Raglan Road Irish Pub and Walt Disney Parks and Resorts U.S., Inc. , accusing both companies of negligence for preparing Tangsuan’s food improperly and for failing to train their employees to guarantee food was made allergen free as requested.Disney says the case should be handled out of court because Piccolo created a streaming account
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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