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New York: Does signing up for Disney’s popular streaming service mean you agree to never sue the entertainment giant for anything?
That’s the argument Disney is making in a wrongful death lawsuit involving a 42-year-old New York doctor whose family claims he suffered a fatal allergic reaction after eating at an Irish pub in Disney Springs last October.
Jeffrey Piccolo claimed that the cause of death of his wife, Kanokporn Tangsguan, was an allergic reaction to a dish at the Disney theme park.Credit: Facebook
Disney asked a Florida court to dismiss a lawsuit filed against it by Jeffrey Piccolo, the husband of Kanokporn Tangsuan, a family medicine specialist at NYU Langone Medical Center’s Carle Plaza office.
The company argued that Piccolo had agreed to resolve any lawsuit against Disney out of court through an arbitration process when he signed up for a month-long trial of Disney+ in 2019, and acknowledged that he had reviewed the fine print.
“The Terms of Use contained in the User Agreement contain a binding arbitration clause,” the company wrote in the motion. “The first page of the User Agreement states in capital letters, ‘Except for small claims, any dispute between you and us will not be subject to class action proceedings and must be resolved by binding arbitration on an individual basis.'”
Disney also noted in its response that Piccolo agreed to a similar arbitration clause when he created an account on Disney websites and apps before the ill-fated theme park trip.
But Piccolo’s lawyers argued in a response filed earlier this month that it is “absurd” to believe that more than 150 million Disney+ subscribers have permanently waived all rights to sue the company and its affiliates — even if their cases have nothing to do with the popular streaming service.
“The idea that the terms a consumer agreed to when creating a Disney+ free trial account would forever bar that consumer from seeking a jury trial in any dispute with any Disney affiliate or subsidiary is so illogical and unfair that it shocks the judicial conscience, and this court should not enforce such an agreement,” Brian Denney, Piccolo’s attorney, wrote in the Aug. 2 filing.
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