Walt Disney Parks and Resorts wants a wrongful death lawsuit filed against it and one of its tenants, an Irish pub, to be booted from court into arbitration.

The Mickey Mouse titan contends the widower who brought the case waived his right to a court trial when he clicked "Agree" to the Terms of Service of a month-long Disney+ free trial on his PlayStation in 2019 and when he last year purchased online tickets to the Epcot theme park at the Walt Disney World resort in Florida.

According to Disney, those terms include an agreement to seek arbitration to settle any disputes with the corporation rather than go through the courts. Thus the entertainment giant hopes to have the case thrown out of court on the basis of that Disney+ trial subscription and ticket fine print.

The plaintiff, Jeffrey Piccolo, filed a lawsuit in Orange County, Florida, last October against Disney and the business operating Raglan Road Irish Pub and Restaurant, which rents its space from Disney Springs, a Disney-owned mega-mall at the Walt Disney World Resort.

Kanokporn Tangsuan, a New York University physician and Piccolo's wife, died from an allergic reaction after eating at the pub on October 5, 2023, according to the complaint. This despite alleged reassurances from restaurant staff that the food would be allergen free. Tangsuan died two days before the couple were supposed to visit Epcot, meaning the tickets weren't used and were refunded.

He previously created a Disney account and agreed to arbitrate 'all disputes'

Disney, the complaint says, promotes Disney Springs as part of its properties and "represents to the public that food allergies and/or the accommodation of persons with food allergies is a top priority."

Piccolo is seeking a jury trial and damages in excess of $50,000.

In a motion filed in May 2024, to force the case from the courtroom into arbitration, Disney attorneys question the assertion that an agency relationship exists between Disney and Raglan Road.

"[T]he only facts supporting this theory are 'representations' about Raglan Road’s 'allergen free food' on the Walt Disney World website," the Disney motion says.

"Piccolo alleges that he relied on the website in choosing to dine at Raglan Road. But Piccolo ignores that he previously created a Disney account and agreed to arbitrate 'all disputes' against 'The Walt Disney Company or its affiliates' arising 'in contract, tort, warranty, statute, regulation, or other legal or equitable basis.' This broad language covers Piccolo’s claims against WDPR [Walt Disney Parks and Resorts].

"Because the parties agreed to arbitrate these claims, the court should compel arbitration and stay the proceedings."

In a reply to Disney's motion earlier this month, Piccolo's attorney Brian R. Denney, with Searcy Denney Scarola Barnhart & Shipley, PA, describes Disney's claim as unconscionable and unenforceable.

"There is simply no reading of the Disney+ Subscriber Agreement, the only agreement Mr Piccolo allegedly assented to in creating his Disney+ account, which would support the notion that he was agreeing on behalf of his wife or her estate, to arbitrate injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort from which she died. Frankly, any such suggestion borders on the absurd," the plaintiff's opposition motion says.

The court has scheduled a hearing to consider Disney's motion on October 2, 2024.

Disney did not respond to a request for comment.

Since Tangsuan's death, the Raglan Road menu has added a disclaimer about allergens.

This message was not present on the menu in September 2023:

The case is 2024-CA-001616-O in Orange County, Florida. ®

https://www.theregister.com//2024/08/15/disney_plus_death_lawsuit_waive/