Disney Looks to Move Lawsuit Filed By Deceased Doctor’s Husband to Arbitration

'We are deeply saddened by the family’s loss and understand their grief. Since this restaurant is neither owned nor operated by Disney.'

Disney is seeking to have a wrongful death lawsuit filed by a widower dismissed and redirected to arbitration, citing his acceptance of the organization’s terms and conditions when he activated his Disney+ account years ago.

According to NBC News, Jeffrey J. Piccolo filed the lawsuit against Disney Parks and Resorts in February following the death of his wife, Dr. Kanokporn Tangsuan.

Tangsuan died after consuming food containing dairy allergens at a Disney World restaurant.

According to the complaint, Piccolo, his wife, and his mother dined at Raglan Road Irish Pub and Restaurant in Orlando, Florida, on October 5. They asked a multitude of times about accommodating Tangsuan’s severe allergies, but despite being reassured by the server, the physician suffered a severe allergic reaction and died at a local hospital.

Disney’s court filing in May argues that the $50,000 lawsuit should be dismissed and sent to arbitration based on terms Piccolo agreed to when he signed up for a Disney+ free trial and used the Walt Disney Parks website to purchase tickets. The company asserts that users must check boxes to agree to the terms of use before proceeding and even distributes a copy of said terms.

The terms include a section stating that “any dispute between you and us, except for small claims, is subject to a class action waiver and must be resolved by individual binding arbitration.”

Piccolo’s lawyers filed a response early this month, calling Disney’s reasoning for seeking a dismissal as “preposterous.” They said he signed up for the Disney+ account on his PlayStation but believe he canceled it during the free trial, NBC News reports.

“We are deeply saddened by the family’s loss and understand their grief,” a Disney spokesperson told NBC News. “Given that this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant.”