Disney cites Disney+ account, EPCOT ticket purchase as reasons to dismiss deadly food allergy lawsuit: Filings
Disney and Disney Springs restaurant Raglan Road say a lawsuit following the death of a New York doctor from an allergic reaction should be tossed out because her widower signed up for a Disney+ account years earlier, according to court papers.
The response was filed on May 31. A supplemental filing the same day said plaintiff Jeffrey Piccolo used a "MyDisney" account to purchase tickets to EPCOT, which were refunded after being unused following his wife's death.
Disney claims terms and conditions agreed upon by both Disney+ and MyDisney give up Piccolo's "right to litigate a dispute in court before a judge or jury," indicating that a mediator should administer arbitration.
Jeffrey Piccolo and his wife, Dr. Kanokporn Tangsuan.
Piccolo's attorneys called Disney's response "preposterous" and "fatally flawed" in an Aug. 2 court filing. They also argue Piccolo's wrongful death suit was filed on behalf of his wife's estate rather than on behalf of himself.
Piccolo's complaint submitted to a Florida court in February states Dr. Kanokporn Tangsuan died in early October from an allergic reaction after eating at the Irish restaurant on Disney World’s property. The complaint says negligence by Disney and the restaurant resulted in her death.
Piccolo is asking the court to award him damages "in excess of" $50,000 from the entertainment giant and the restaurant, according to the complaint, which says he has experienced mental pain and suffering, loss of companionship, and other damages since the death of his wife.
While at the restaurant, the couple told their waiter about Tangsuan’s severe dairy and nut allergies and sought assurance multiple times that the food she would get would not contain those ingredients, according to the suit. But she wound up getting fritters, scallops, a vegan shepherd’s pie, and onion rings, which the staff said were dairy and nut-free despite some not having allergen-free flags, the lawsuit alleges.
Tangsuan’s fatal allergic reaction occurred while she was perusing shops not long after the family’s dinner at Raglan Road, the lawsuit says. She was 42, according to an obituary.
Disney moves to dismiss wrongful death lawsuit
Disney and Disney Springs restaurant Raglan Road say a lawsuit following the death of a New York doctor from an allergic reaction should be tossed out because her widower signed up for a Disney+ account years earlier, according to court papers. We talk with Attorney Whitney Boan about the case.
FOX 35 News reached out to Disney for comment, and we were sent the following statement:
"We are deeply saddened by the family’s loss and understand their grief. Given that this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant."
Raglan Road has operated in Disney Springs since 2005. It is known for offering Irish food and "live Irish music and dance," according to the Disney Springs website.
FOX Business' Aislinn Murphy contributed to this report.