A man suing Disney over the death of his wife at a Disney resort is slamming the Mouse House for its “unrealistic” attempts to have the lawsuit dismissed.
Jeffrey Piccolo filed a wrongful death lawsuit in February, alleging that Disney is liable for the death of his wife at Disney Springs Resort in October 2023. She died at Raglan Road Irish Pub in The Landings in Orlando after eating something she was allergic to at a restaurant.
But Disney’s lawyers countered, arguing that Piccolo lacked grounds for suit because he and his wife subscribed to Disney’s online service, Disney+, and agreed to the service agreement, meaning Disney cannot be liable for any damages he claims.
Disney’s legal team Claims Signing the Disney+ deal means that all future disputes with the company must be resolved through a binding third-party arbitration process.
Disney further argued that even if potential streaming customers signed up for only a trial period and did not pay for the service, they “permanently waived any right to a jury trial which they and any future properties to which they may be affiliated may enjoy.”
But Piccolo’s lawyers argued that Disney’s tactics were foolish.
“The notion that the terms to which consumers agreed when creating a Disney+ free trial account should permanently bar their right to a jury trial in any dispute with any Disney affiliate or subsidiary is so unreasonable and unfair that it shocks the judicial conscience, and this Court should not enforce such an agreement,” Piccolo’s lawyers argued.
The lawyers added that it’s absurd to think that subscribing to an internet streaming service insulates Disney from liability if it mistreats its customers.
In his lawsuit, the victim claims that his wife had very specific discussions with the bar staff about her nut and dairy allergies, and that he expected the establishment to understand her condition and prepare meals to meet her needs — but that wasn’t the case, and his wife died from an allergic reaction to the food she ate there.
The next hearing in the case is scheduled for October 2nd in an Orange County, Florida court.
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