Key Takeaways
- Jeffrey Piccolo’s lawsuit claims negligence by the restaurant and seeks $50,000 in damages.
- Disney is now seeking to dismiss the lawsuit and resolve the dispute through arbitration.
- A Florida judge will review Disney’s motion to move the case to arbitration on October 2, 2024.
Jeffrey Piccolo initiated a wrongful de*th lawsuit against Disney in 2023 after his wife passed away due to an allergic reaction at a Disney World restaurant.
Piccolo’s wife, Kanokporn Tangsuan, who passed away on October 5, 2023, was a doctor by profession. She worked at NYU Langone Hospital.
Following his wife’s passing, he filed a lawsuit against the company, citing negligence by the restaurant and its staff, and sought $50,000 in damages.
The lawsuit intends to hold the company liable for its lack of proper training to ensure food is allergens-free.
The case has been proceeding since then, but the company is now seeking to have the lawsuit dismissed by the courts.
Disney requests that the court halt the proceedings and settle the dispute through arbitration.
The company asserts that its terms of use require settling disputes through arbitration, not through court lawsuits.
According to the company, Piccolo accepted these terms when he joined a one-month free Disney+ trial in 2019.
The company notes that Piccolo agreed to these terms again when purchasing theme park tickets through his Disney account in 2023.
The company’s attorneys filed a motion on May 31, 2024. Piccolo’s legal team responded with a strong statement in August 2024, stating that the argument is flawed and that justice should be upheld.
Mr. Piccolo wants the matter to be decided by a jury in a legal courtroom.
A Florida judge will review Disney’s motion to move the case from court to arbitration on October 2, 2024.
What Happened at Disney Springs: Allergic Reaction Incident
Mr. Piccolo claims that the Disney Springs restaurant at Disney World in Orlando, Florida, where he dined with his wife and mother in October 2023, failed to adequately address his wife’s severe dairy and nut allergies despite being repeatedly informed.
The incident occurred at the Raglan Road Irish Pub and Restaurant, where Tangsuan ordered scallops, onion rings, and fritters from the menu.
The complaint details that the family had several conversations with their waiter about Tangsuan’s allergies.
Allegedly, they addressed the concern early on, inquired about specific menu items, had the server confirm with the chef that they were safe, and asked for additional confirmation “several more times” afterward.
The lawsuit notes,
When the waiter returned with [Tangsuan’s] food, some of the items did not have allergen-free flags in them, and [Tangsuan] and [Piccolo] once again questioned the waiter who, once again, guaranteed the food being delivered to [Tangsuan] was allergen-free.
The three finished their meal and went their separate ways: Piccolo returned the leftovers to their room while his wife and mother went shopping.
Around 45 minutes later, Tangsuan struggled to breathe and felt sick. She collapsed, and someone administered an Epipen.
Despite efforts to save her, she passed away at a nearby hospital. According to her court inquest report, she di*d from anaphylaxis.
In Case You Didn’t Know
- The couple chose the restaurant because Disney emphasized accommodating patrons with food allergies.
- Anaphylaxis refers to a severe allergic reaction caused by high levels of dairy and nuts, which is her dea*h cause.
