You’ve seen all kinds of corporate dirty dealing in the world, but have you ever seen one as breath-takingly evil as what Disney’s lawyers tried to pull in this wrongful death case?
A allergic reaction in a restaurant where the diner was assured it was safe to eat led to the death of Doctor Kanokporn Tangsuan. The husband has brought a wrongful death suit in the amount of a comparatively modest $50,000. (When you compare it to other monetary awards one might mention.)
Disney is trying to get a wrongful death lawsuit filed by a New York University doctor’s grieving husband tossed — because he signed up for the Disney+ streaming service years earlier, court papers said.
Kanokporn Tangsuan’s bereaved widower, Jeffrey Piccolo, is suing the theme park juggernaut, claiming that she suffered a fatal allergic reaction shortly after eating at a Disney Springs restaurant in Florida last October.
But Disney is claiming the $50,000 suit should be moved out of the courts because Piccolo agreed to arbitrate all disputes with the company when he first signed up for a one-month trial of the Disney+ streaming service back in 2019, court documents charge. — NYPost
They doubled down on that line of argument, by invoking his ‘My Disney Experience App’ use to purchase tickets a month before the ill-fated trip.
His lawyer, naturally, is pushing back, hard.
“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, and this court should not enforce such an agreement,” the lawyers wrote.
They also argue that Piccolo filed the wrongful death suit as the “personal representative of the estate of Kanokporn Tangsuan” and not on behalf of himself.
Tangsuan, 42, died of a severe allergic reaction known as anaphylaxis just hours after dining at the Raglan Road Irish Pub and Restaurant with her husband back on Oct. 5, the original complaint said.
The physician, who had worked Manhattan’s NYU Langone hospital, had repeatedly stressed to wait staff that she had nut and dairy allergies when she ordered scallops, onion rings, broccoli and corn fritters, according to the filing. — NYPost
An epipen was given when she showed signs of anaphalaxis, but she perished in the hospital.
For Disney to hide behind a Terms-of-Service agreement that nobody reads when carelessness or negligence left somebody dead is astonishing… even with their long and well-established history of doing the wrong thing.
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