Disney drops ‘ridiculous’ opposition to widower’s lawsuit over wife’s death
Disney has dropped its “ridiculous” lawsuit against a grieving widower who filed a lawsuit over the death of his wife at one of its theme parks.
Kanokporn Tangsuan, 42, suffered a fatal allergic reaction on October 5 last year after she and her family dined at Raglan Road Irish Pub and Restaurant in Disney Springs. The family claims their waiter assured them the food would be allergen-free.
Her husband Jeffrey Piccolo has filed a wrongful death lawsuit in Floridaand alleged that Walt Disney Parks and Resorts was negligent and failed to properly educate its staff about food allergies.
Disney’s initial response was to dismiss the lawsuit, saying it should instead be referred to arbitration because those were the terms Mr. Piccolo agreed to when he signed up for the Disney+ streaming service in 2023.
However, Disney has now revised its position, pointing out the “sensitive” nature of Mr Piccolo’s complaint.
Jeffrey Piccolo (left) has filed a wrongful death lawsuit against Disney after his wife Kanokporn Tangsuan (right) died of an allergic reaction
Tangsuan and her family had dinner at Raglan Road Irish Pub and Restaurant (pictured) in Disney Springs on October 5, shortly before she suffered a fatal allergic reaction
Disney said the case should go to arbitration because Piccolo had agreed to it when he created a Disney+ account in November 2019. Pictured is an excerpt from the Disney+ subscription agreement’s Terms and Conditions.
Disney also claimed that Piccolo agreed to their arbitration terms when he purchased tickets to Epcot
Now Disney has revised its position, citing the “sensitive” nature of Mr Piccolo’s complaint. Pictured: Disney+ app
Josh D’Amaro, president of Disney Experiences, said: “At Disney, we strive to put humanity above all else.
“Given the unique circumstances of this case, we believe this situation requires a careful approach to expedite a resolution for the family who has experienced such a painful loss.
“We have therefore decided to waive our right to arbitration and take the matter to court.”
Piccolo’s lawyers previously called Disney’s argument “ridiculous” and said it “borders on the surreal,” according to a court document obtained by DailyMail.com.
Piccolo is seeking more than $50,000 from Disney for mental anguish and suffering, funeral expenses, medical expenses and loss of income.
He said his wife had a severe allergy to dairy and nuts and the couple had chosen to eat at the pub because they were confident Disney would take the appropriate precautions.
The couple repeatedly asked the waiter if there was allergen-free food and claimed that the waiter even wanted to confirm this with the chef.
“The waiter unequivocally assured them that the food would be allergen-free,” the lawsuit states.
Tangsuan, a physician at NYU Langone in New York City, ordered the following menu items at the restaurant: “Sure I’m Frittered,” “Scallop Forest,” “The Shepherd Went Vegan” and “Onion Rings.”
At the bottom of the menu available online it says: ‘Cross-contamination can occur and therefore WE CANNOT GUARANTEE that the dishes we prepare are completely free of gluten/allergens.’
Tangsuan was highly allergic to dairy and nuts and the couple chose to eat at the pub because they believed Disney would take the appropriate safety precautions
Piccolo said they repeatedly asked their waiter for allergen-free food, and they said the waiter even went to the chef to confirm this
Tangsuan was a doctor at NYU Langone in New York and her husband is demanding more than $50,000 from Disney
She had severe breathing problems and collapsed to the ground. 911 was called and the caller told the operator that Tangsuan had administered an EpiPen to himself.
Piccolo and his mother Jackie tried to call Tangsuan to arrange to meet her, but someone answered and told them she had been taken to the hospital.
She died in hospital and the coroner’s inquest determined the cause of death was anaphylaxis caused by increased levels of dairy and nuts in her system.
The lawsuit notes that while Disney does not own the pub, “Disney did have control over the food menu, the hiring and/or training of wait staff, and the policies and procedures regarding food allergies at Disney Springs restaurants, such as Raglan Road.”
They allege that Disney failed to properly educate its employees about food allergies and that employees failed to properly warn Tangsuam about allergens in its food.
The filing states that Disney and the pub “owe a duty of care to their invitees/guests to ensure that food labelled as allergen-free and/or food intended to be prepared allergen-free is in fact free from allergens that could cause death or serious bodily harm to guests with food allergies.”
