Disney wants wrongful death suit thrown out because widower bought an Epcot ticket and had Disney+
CNN
A man suing Walt Disney Parks and Resorts for the wrongful death of his wife is facing a new legal hurdle: Disney is trying to get it dismissed and sent to arbitration — because he signed up for Disney+ years earlier.
A man suing Walt Disney Parks and Resorts for the wrongful death of his wife is facing a new legal hurdle: Disney is trying to get it thrown out of court and sent to arbitration — because he signed up for Disney+ years earlier. Court documents show that the company is trying to get the $50,000 lawsuit tossed because the plaintiff, Jeffrey Piccolo, signed up for a one-month trial of the streaming service Disney+ in 2019, which requires trial users to arbitrate all disputes with the company. Company lawyers also claim that because Piccolo used the Walt Disney Parks’ website to buy Epcot Center tickets, Disney is shielded from a lawsuit from the estate of Piccolo’s deceased wife, Kanokporn Tangsuan, who died of a reaction to severe food allergies. In a legal filing responding to Disney’s claims, Piccolo’s lawyer Brian Denney called Disney’s argument “preposterous” and said that the notion that signing up for a Disney+ free trial would bar a customer’s right to a jury trial “with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience.” Walt Disney Parks and Resort is “explicitly seeking to bar its 150 million Disney+ subscribers from ever prosecuting a wrongful death case against it in front of a jury even if the case facts have nothing to with Disney+,” Denney wrote in court papers as a response. Piccolo is seeking damages in excess of $50,000 pursuant to Florida’s Wrongful Death Act, as well as damages for mental pain and suffering, loss of companionship and protection, loss of income and medical and funeral expenses. Disney didn’t immediately respond to CNN’s request for comment.
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