Disney backtracks on Disney+ terms to fight case of Thai doctor who died from food allergy at Disney park after community backlash
Foreign news agencies reported that it was the case of Ms. Kanokporn Tingsuwan, an American doctor of Thai origin. She died of a severe food allergy after eating at a restaurant inside the Disney World theme park last October, despite being reminded of the food allergy several times. This prompted her husband, Mr. Jeffrey Piccolo, to file a lawsuit seeking damages from the restaurant owner and Disney.
Last week, it was reported that Disney was trying to get the court to dismiss the lawsuit. The plaintiffs had previously signed up for a one-month free trial of the Disney+ streaming service in 2019, which had terms that required all disputes with Disney to be resolved out of court. As a result, Mr. Piccolo has no standing to sue them.
However, this move caused Disney to face a backlash from the community, so much so that they recently decided to withdraw their objections. And went on to fight the case in court.
“We believe this situation requires a sensitive approach. To find a timely and appropriate resolution for the families who have suffered this painful loss,” said Josh D’Amaro, CEO of Disney Experiences, Inc. (Disney Experiences), known as Disney Parks. Disney Parks is one of three major divisions of The Walt Disney Company.
“For this reason and therefore we have decided to waive our right to resolve disputes through arbitration. Let this matter go through the court proceedings.”
In this regard, disputes are resolved by arbitration. It allows the disputing parties to resolve the issue by a decision of an expert, neutral and independent third party, called an “arbitrator” instead of a court or judge, thus avoiding a lengthy trial process. But it means that no evidence will be presented. Before a jury
Jamie Cartwright, a partner at law firm Charles Russell Speechless, believes Disney’s change of heart is a result of negative public sentiment. The reason for this was an attempt to challenge the terms of Disney+.
Incidentally, the incident that gave rise to this case occurred on October 5, 2023, between Mr. Piccolo and his wife. They were dining at Raglan Road Irish Pub and Restaurant, a third-party restaurant that opened at Disney Springs, part of the Walt Disney World Resort.
Mr. Piccolo claims that and they informed the staff in advance that Dr. Kanokporn had a severe food allergy to nuts and milk. The waiter assured the couple several times that there were no allergens in the food, however, Dr. Kanokporn suffered a severe allergic reaction. He died in hospital the same day. Despite being given anti-allergy medication.
An autopsy later confirmed that Dr. Kanokporn died of anaphylaxis due to the large amounts of milk and nuts in her body.
Mr. Piccolo has filed a lawsuit against the restaurant owner and the Disney park. He is seeking more than $50,000 in damages and other damages for suffering, lost income, medical and legal expenses.
Disney has tried to argue that they have no control over the operation and management of this restaurant. Which is owned by an outside company.