A widower suing Walt Disney Parks and Resorts for the wrongful death of his wife faced an outlandish legal hurdle. Disney initially attempted to get the wrongful death lawsuit thrown out of court and sent to arbitration based on the fine print in a Disney+ subscription the man agreed to years before the incident.

The Case: Jeffrey J. Piccolo v. Great Irish Pubs Florida Inc., dba Raglan Road Irish Pub and Walt Disney Parks and Resorts, a Florida Corporation dba Disney Springs

The Court: Circuit Court, Ninth Judicial Circuit, Orange County, Florida

The Case No.: 2:24-cv-04685

The Plaintiffs: Piccolo v. Great Irish Pubs

The plaintiff in the case, Jeffrey Piccolo, went to dinner with his wife and mother-in-law at Great Irish Pubs in October 2023. The restaurant was a part of Disney Springs, a Walt Disney World resort in Florida. The group chose the restaurant due to claims they could provide allergen-free food as Piccolo's wife had severe food allergies. The group repeatedly advised their server of the allergies and repeatedly confirmed the food she received was allergen-free. However, within hours, she passed away from an allergic reaction. Jeffrey Piccolo, the husband of deceased Kanokporn Tangsuan, filed a wrongful death lawsuit.

The Defendants: Piccolo v. Great Irish Pubs

Disney's initial response was to attempt to get the wrongful death lawsuit thrown out because Piccolo signed up for a one-month free trial of the Disney+ streaming service in 2019, and the trial requires users to arbitrate all disputes with the company. Additionally, the defendant's counsel argued that since Piccolo used the Disney Parks' website to purchase Epcot Center tickets, the company was shielded from a lawsuit from the estate of his deceased wife, who passed away due to a severe allergic reaction after eating what was supposed to be an allergen-free meal at a Disney owned, Florida restaurant.

The Case: Piccolo v. Great Irish Pubs

According to Disney's argument, anyone who signed up for a Disney+ streaming service free trial would lose their right to a jury trial with any Disney affiliate or subsidiary, which the plaintiff's counsel argued was outrageously unreasonable and grossly unfair. Following a swift and intense backlash when the situation became public, Disney filed a notice in Orange County court to withdraw the motion to dismiss the wrongful death lawsuit on the grounds that the victim's family once signed up for a free trial of Disney's streaming service years before the incident resulting in Tangsuan's death. Piccolo, the widower, seeks:

Damages in excess of $50,000
Damages for mental pain and suffering, loss of companionship and protection
Loss of income
Medical expenses and funeral expenses

If you have questions about filing a California wrongful death lawsuit, don't hesitate to contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Discuss your situation today with one of the experienced wrongful death attorneys in our various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.