Disney Seeks Arbitration in Lawsuit Over Allergy Death at Disney World

Disney World is attempting to move a wrongful death lawsuit filed by Jeffrey Piccolo, whose wife died from an allergic reaction after dining at the theme park, out of court and into arbitration. The entertainment giant argues that terms of service Mr. Piccolo agreed to when signing up for a free trial of Disney+ in 2019 require any disputes to be settled out of court.

Mr. Piccolo filed the lawsuit after his wife, Dr. Kanokporn Tangsuan, passed away on October 5, 2023, following a severe allergic reaction to dairy and nuts at a Disney World restaurant. Despite informing the restaurant of her allergies, the food she consumed led to anaphylaxis, according to a medical examiner.

Disney’s defense hinges on its claim that the terms of service Mr. Piccolo accepted, first during the Disney+ trial and later when purchasing theme park tickets, included a clause mandating arbitration for any disputes. Disney argues that this clause applies to the wrongful death lawsuit, barring Mr. Piccolo from pursuing the case in court.

Mr. Piccolo’s legal team has dismissed Disney’s argument as “preposterous” and “surreal,” contending that the waiver of a jury trial through a Disney+ subscription should not extend to a personal injury or wrongful death claim. They are pushing for the case to be heard before a jury in a court of law, rather than through private arbitration.

The motion to decide whether the case will proceed in court or through arbitration is set to be heard by a Florida judge in October. Legal experts suggest that Disney may prefer arbitration to maintain privacy and avoid the public scrutiny that a court trial could bring.