Disney wrongful-death lawsuit: Difference between revisions
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[[Category:Legal Lockout]] | [[Category:Legal Lockout]] | ||
=== The EPCOT Death Lawsuit and Disney's Arbitration Clause === | === The EPCOT Death Lawsuit and Disney's Arbitration Clause === | ||
In a wrongful death lawsuit<ref>[[:File:AUGUST 2ND RESPONSE.pdf]]</ref>, Jeffrey Piccolo sued Walt Disney Parks & Resorts (WDPR) & Great Irish Pubs Florida, Inc. after his wife, Dr. Kanokporn Tangsuan, died from a severe allergic reaction at Raglan Road Irish Pub in Disney Springs on October 5, 2023. The lawsuit accused the restaurant and Disney with negligence in accommodating her food allergy which contributed to her death.<ref>https://www.npr.org/2024/08/14/nx-s1-5074830/disney-wrongful-death-lawsuit-disney</ref> | In a wrongful death lawsuit<ref>[[:File:AUGUST 2ND RESPONSE.pdf]]</ref>, Jeffrey Piccolo sued Walt Disney Parks & Resorts (WDPR) & Great Irish Pubs Florida, Inc. after his wife, Dr. Kanokporn Tangsuan, died from a severe allergic reaction at Raglan Road Irish Pub in Disney Springs on October 5, 2023. The lawsuit accused the restaurant and Disney with negligence in accommodating her food allergy which contributed to her death.<ref name=nprdwd>https://www.npr.org/2024/08/14/nx-s1-5074830/disney-wrongful-death-lawsuit-disney</ref> | ||
==Background== | ==Background== | ||
Dr. Tangsuan, a family medicine specialist at NYU Langone Hospital, had severe allergies to dairy & nuts. She & her family chose to dine at Raglan Road, ''specifically because Disney had advertised that they accommodate guests with food allergies throughout their properties.'' Despite Dr. Tangsuan repeatedly informing her server about her allergies & receiving multiple assurances that their ordered dishes would be allergen-free, Dr. Tangsuan suffered a severe allergic reaction approximately 45 minutes after eating. Although she self-administered an EpiPen, she later died at the hospital. The medical examiner confirmed her death was due to anaphylaxis from elevated levels of dairy and nuts in her system.<ref>https://www.nytimes.com/2024/08/14/nyregion/disney-wrongful-death-lawsuit-arbitration.html</ref> | Dr. Tangsuan, a family medicine specialist at NYU Langone Hospital, had severe allergies to dairy & nuts. She & her family chose to dine at Raglan Road, ''specifically because Disney had advertised that they accommodate guests with food allergies throughout their properties.'' Despite Dr. Tangsuan repeatedly informing her server about her allergies & receiving multiple assurances that their ordered dishes would be allergen-free, Dr. Tangsuan suffered a severe allergic reaction approximately 45 minutes after eating. Although she self-administered an EpiPen, she later died at the hospital. The medical examiner confirmed her death was due to anaphylaxis from elevated levels of dairy and nuts in her system.<ref name=nytdwd>https://www.nytimes.com/2024/08/14/nyregion/disney-wrongful-death-lawsuit-arbitration.html</ref> | ||
==The EULA Roofie Attempt== | ==The EULA Roofie Attempt== | ||
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* Disney had already waived any right to arbitration by participating in the litigation before raising the issue | * Disney had already waived any right to arbitration by participating in the litigation before raising the issue | ||
The attorneys argued that "the notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer's right to a jury trial in any dispute with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience."<ref | The attorneys argued that "the notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer's right to a jury trial in any dispute with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience."<ref name=nytdwd /> | ||
==Procedural Timeline== | ==Procedural Timeline== | ||
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==Resolution== | ==Resolution== | ||
Following significant public backlash & media attention highlighting how this could affect Disney+'s 150 million subscribers, Disney withdrew its motion to compel arbitration in August 2024. Josh D'Amaro, chairman of Disney Experiences, stated: "At Disney, we strive to put humanity above all other considerations... With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss."<ref | Following significant public backlash & media attention highlighting how this could affect Disney+'s 150 million subscribers, Disney withdrew its motion to compel arbitration in August 2024. Josh D'Amaro, chairman of Disney Experiences, stated: "At Disney, we strive to put humanity above all other considerations... With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss."<ref name=nprdwd /> | ||
==Significance== | ==Significance== | ||