A medical doctor died shortly after she was served a meal at a restaurant at Disney Springs that was not allergen-free, according to a lawsuit filed last week in Orange County.
But Disney is now claiming the $50,000 suit should be moved out of the courts because Piccolo agreed to arbitrate all disputes with the company when he first signed up for a one-month trial of the Disney + streaming service back in 2019, court documents charge.
The company added that Piccolo agreed to similar language when he then used the “My Disney Experience” app to buy tickets to visit the Epcot theme park in September last year — a month before the ill-fated trip. “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 wrote.
The physician, who had worked Manhattan’s NYU Langone hospital, had repeatedly stressed to wait staff that she had nut and dairy allergies when she ordered scallops, onion rings, broccoli and corn fritters, according to the filing.
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