Disney: Husband cannot sue his wife for wrongful death – because he signed up for Disney+ test

Disney has claimed that a husband cannot sue the company for the wrongful death of his wife because he signed up for a trial version of the Disney+ streaming service.

Jeffrey Piccolo is suing the entertainment giant for $50,000 (£38,900) after his wife died of a severe allergic reaction following a meal at a restaurant in Disney Springs, Florida, in October 2023.

According to court documents, Tangsuan, a doctor at NYU Langone Hospital, suffered a fatal allergic reaction after eating at a restaurant in Disney Springs.

According to court documents, when she ate at the Raglan Road Irish Pub & Restaurant with her husband and mother-in-law, Jackie Piccolo, in October, she repeatedly told staff about her severe nut and milk allergies, and they assured her that they could prepare some of the food allergen-free.

They received confirmation several times that the food was safe, the lawsuit states: “When the waiter returned with [Tangsuan’s] Food, some of the items did not have allergen-free flags and [Tangsuan] And [Piccolo] asked the waiter again, who again guaranteed that the food was delivered [Tangsuan] was allergen-free.”

Shortly after they finished eating, Piccolo went back to their hotel room while his wife and mother went shopping.

After splitting up to go to different stores and meet up again afterwards, Tangsuan collapsed on the floor of a store about 45 minutes after eating, gasping for air.

She administered an EpiPen to herself before being taken to the hospital, but tragically died. According to the lawsuit, her death was determined by a medical examiner “as a result of anaphylactic shock due to increased amounts of milk and nuts in her body.”

The streaming giant now argues that the terms of service Mr Piccolo agreed to when he created his Disney account in 2019 mean that any disputes with the company can only be resolved through arbitration. This means that all disputes are overseen by a neutral third party, not a judge.

They say the man agreed to those terms when he activated a one-month free trial of the Walt Disney World app five years ago. Disney also says Mr. Piccolo agreed to similar wording again when he bought park tickets online in September 2023.

The family's lawyer called this “absurd” and “preposterous.” Disney's case is based on the “incredible argument that any person who opens an account, even for free trials that do not extend beyond the trial period, forever waives the right to a jury trial.”

They further argue that Mr. Piccolo agreed to the Terms of Use in his own name but is now acting on behalf of his late wife, who never agreed to the Terms.

Attorney Brian Denney wrote in a brief: “The notion that terms and conditions to which a consumer agrees when creating a free trial account for Disney+ would forever deny that consumer the right to a jury trial in any dispute with a Disney affiliate or subsidiary is so outrageously unreasonable and unfair that it shocks the judicial conscience.”

Walt Disney Parks and Resorts' lawyers also stressed that the Raglan Road Pub is an “independently operated restaurant” and that its relationship with Disney is that of “landlord and tenant.”

“We are deeply saddened by the family's loss and understand their grief,” a Disney spokesperson told PEOPLE.

“Because 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 his lawsuit against the restaurant.”

The court has scheduled a hearing on Disney's motion for October 2.