The widower's lawyers have branded Disney's argument as 'preposterous' and said it 'borders on the surreal', a court filing revealed. They urge the judge to reject the motion to dismiss.
Disney has claimed a widower whose wife died after suffering a severe allergic reaction at a theme park restaurant cannot sue the company because he had previously signed up for a free one-month trial of its Disney+ streaming service.
Piccolo's lawyers branded Disney's argument as 'preposterous' and said it 'borders on the surreal', a court filing obtained by DailyMail.com revealed. His attorneys have also urged the judge to reject the company's motion to dismiss. Disney, in a May 31 court filing, cited that Piccolo created a Disney+ account in November 2019 and bought tickets to Epcot in 2023, which required him to agree to their terms and conditions.
Piccolo's lawyers have rejected the company's 'incredible argument', claiming that Disney's position means anyone who signs up for a free trial of the streaming service 'will have forever waived the right to a jury trial enjoyed by them and any future Estate to which they are associated.' Piccolo's lawyers also argued that Disney gave up their right to seek arbitration when it filed its first answer to the lawsuit without bringing the matter up.
Acknowledging that Disney+ users do sign a contract, Marris added: 'But you don't just look at that one isolated component of a contract from a court's perspective and make a determination that any and all cases, no matter what they are, have to go into arbitration.
A defense attorney has suggested it is unlikely a judge will find it 'reasonable' that a consumer is signing away their right to be heard in a court of law 'because you signed up for an app on your television'. Pictured: Disney+ application She began having severe difficulty breathing and collapsed to the floor, 911 was called and the caller told the dispatcher Tangsuan had self-administered an epi-pen.
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