As a long-time gamer and Disney enthusiast, I find myself utterly bewildered by this recent turn of events at Walt Disney World Resort. It seems like the House of Mouse is trying to pull a fast one on Jeffrey Piccolo, who lost his beloved wife in such tragic circumstances.
Disney is trying to get rid of a lawsuit over a wrongful death by asking the court to dismiss it. They argue that the terms and conditions agreed to when signing up for Disney+ were violated, as stated in their request for dismissal. According to Deadline, Disney’s lawyers have requested a settlement out-of-court instead of pursuing Jeffrey Piccolo’s $50,000 lawsuit. Piccolo filed the suit, stating that his wife, Dr. Kanokporn Tangsuan, died due to an allergic reaction at Raglan Road Irish Pub in Florida’s Walt Disney World Resort in October 2023.
In 2019, Piccolo registered for a free 30-day trial of Disney+ and also bought tickets to Walt Disney World in 2023 through his Disney+ account. By doing so, Piccolo consented to abide by the terms and conditions of Disney+. These terms include a clause stating that any disputes with The Walt Disney Company must be resolved through arbitration.
“Although we sympathize with the family’s sorrow, it’s important to clarify that as Disney doesn’t own or run this restaurant, we are simply defending ourselves from the plaintiff’s lawyer trying to involve us in their lawsuit against the eatery.”
The lawsuit against both Disney and the restaurant alleges that Dr. Tangsuan died from anaphylaxis due to an allergic reaction caused by elevated levels of dairy and nut in her system. Piccolo alleges that both he and his wife questioned the waiter at the restaurant numerous times and were assured that their order would be allergen free. The lawsuit was brought on behalf of Tangsuan’s estate.
On August 2nd, Piccolo’s legal team countered Disney’s claim in a court filing, stating that Disney’s point is not only implausible but also critically flawed. A court hearing on this matter has been set for October 2nd.
The argument in the motion states that it is extremely unjust and unreasonable for a consumer to permanently lose their right to a jury trial in any dispute with a Disney affiliate or subsidiary simply by agreeing to terms during a Disney+ free trial account setup, a provision so shockingly unfair that a court should not uphold it.
Essentially, Disney’s Walt Parks and Resorts are attempting to prevent any of their 150 million Disney+ subscribers from bringing a wrongful death lawsuit against them before a jury, regardless of whether the case has no connection whatsoever to Disney+.
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2024-08-18 05:39