Disney Says Disney+ TOS Means Man Can’t Sue For Wife’s Fatal Allergic Reaction

disney-says-disney+-tos-means-man-can’t-sue-for-wife’s-fatal-allergic-reaction
Disney Says Disney+ TOS Means Man Can’t Sue For Wife’s Fatal Allergic Reaction

Posted by msmash from the how-about-that dept.

New submitter beamdriver writes: As is being reported in Newsday, Disney has asked a Florida court to dismiss a wrongful-death lawsuit filed by the husband of a Carle Place physician who suffered a fatal allergic reaction after eating at a Disney Springs restaurant.

The company cited legal language agreed to years earlier when Jeffrey Piccolo, widower of Kanokporn Tangsuan, 42, of Plainview, signed up for a one-month trial of the Disney+ streaming service that requires users to arbitrate all disputes with the company, records show.

Kanokporn Tangsuan, died in October after dining with her husband, Jeffrey Piccolo, at a restaurant in a section of the Walt Disney World Resort. Despite informing the waitstaff several times of her severe peanut and dairy allergies and receiving assurances that her meal would be allergen-free, she began having severe difficulty breathing shortly after dinner. She self-administered an epi-pen and was transported to a hospital, where she later died.

A medical examiner attributed her death to anaphylaxis due to elevated levels of dairy and nuts in her system, according to the suit.

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