Huh, is this how big corporations grow? Disney is fighting a $50,000 lawsuit and is managing to employ some questionable tactics to dismiss the lawsuit. So, what’s the deal?
Disney is seeking to dismiss a wrongful death lawsuit filed by Jeffrey Piccolo, whose wife died from an allergic reaction at a Disney Springs restaurant.
The company argues that Piccolo agreed to arbitration for any disputes when he subscribed to Disney+ in 2019. Piccolo’s attorneys have criticized Disney’s motion as “preposterous” and “outrageously unreasonable,” condemning the attempt to avoid accountability for alleged negligence.
Disney’s recent motion, filed in Orange County, Fla., claims that Piccolo’s disputes should be settled through individual binding arbitration, citing agreements from both his Disney+ subscription and the “My Disney Experience” app.
Piccolo’s attorneys, however, have dismissed this motion as “preposterous” and “outrageously unreasonable.” Disney’s stance hinges on the assertion that Piccolo consented to arbitration terms before making any purchases or signing up for services.
“The notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer’s right to a jury trial in any dispute with any Disney affiliate or subsidiary is so outrageously unreasonable and unfair as to shock the judicial conscience, and this court should not enforce such an agreement.”
On October 5, she suffered a fatal allergic reaction shortly after dining at Raglan Road Irish Pub and Restaurant with her husband. Despite informing the wait staff of her nut and dairy allergies, she experienced severe breathing difficulties and collapsed soon after leaving.
An epi-pen was administered, but she died at a local hospital. The lawsuit claims negligence on the restaurant’s part and seeks over $50,000 in damages, plus compensation for mental anguish, lost income, and funeral costs. Critics may question whether adequate precautions and communication were in place to prevent such a tragedy.
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