Disney wants wrongful death lawsuit tossed due to widower’s Disney+ trial

globalnews.ca:

Lawyers for Walt Disney World are attempting to dismiss a wrongful death lawsuit over claims that the husband of a woman who died as a result of an allergic reaction cannot sue the company because he signed up for a free trial of Disney+.

Jeffrey Piccolo filed a wrongful death suit against Disney in February, four months after his wife, Dr. Kanokporn Tangsuan, ate a meal a restaurant in Disney Springs that staff guaranteed was safe for her dairy and nut allergies.

Though the servers at Raglan Road Irish Pub “unequivocally assured” Tangsuan “that the food would be allergen free,” Piccolo’s lawsuit maintains Tangsuan experienced a fatal allergic reaction after consuming the meal.

Piccolo’s lawsuit against the restaurant and Florida’s Walt Disney Parks and Resorts is seeking damages exceeding US$50,000 (C$68,600).

In their legal rebuttal, Disney has claimed Piccolo cannot pursue a court hearing because he signed up for a trial of Disney+ years before his wife’s death.

According to Disney’s terms of use — which must be accepted when using Disney+ and when purchasing theme park tickets from the Walt Disney website — signees are agreeing to waive their rights to any potential class-action lawsuits or jury trials. The terms are also used when creating an ESPN+ account, which is owned by Disney.

According to Disney’s motion to stay, obtained by Global News, the company says Piccolo accepted a free Disney+ trial in 2019. He also accepted the terms when buying park tickets using the Disney website in 2023.

Piccolo did not extend the Disney+ trial into a paid contract and he did not use the park tickets, his lawyers wrote. They said Disney’s terms of use argument is “fatally flawed,” “borders on surreal” and is a misuse of contract