The deceased woman ate at a Disney World restaurant after being assured that her food was allergen-free.
Disney said the matter should be settled by an outside arbitrator because the man had agreed to settle any disputes out of court when he signed up for a free trial of its streaming service.
The man, Mr Jeffrey Piccolo, sued in 2024, several months after his wife Kanokporn Tangsuan, who was allergic to nuts and dairy, ate at the resort’s Raglan Road Irish Pub in Orlando, Florida. She experienced a severe allergic reaction and died. In a motion to require that the matter be settled by an arbitrator, who would issue a binding decision, lawyers for Walt Disney Parks and Resorts emphasised that the Raglan Road is “an independently owned restaurant” and said that its relationship to Disney is that of “a landlord and tenant”.
In their response, filed in August, lawyers for Mr Piccolo called Disney’s argument “fatally flawed”, arguing that Mr Piccolo had never signed an agreement with Walt Disney Parks. Even if he had, the lawyers argued that the agreement would not extend to Ms Tangsuan.Mr Piccolo had agreed to terms and conditions on the Walt Disney World website when he used the My Disney app to purchase tickets to the Epcot resort in September 2023.
Defendants tend to favor arbitration, Mr Intelisano said, because it is private, it avoids a jury and arbitration panels typically do not grant large sums of punitive damages – something Mr Piccolo’s lawyers are expecting a jury to award. Mr Intelisano said that a jury would be likely to be moved by what he referred to as “a terrible story”.
“We are deeply saddened by the family’s loss and understand their grief,” the statement said. “We are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant.”
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