Disney drops bid to toss lawsuit from LI doc Kanokporn Tangsuan's widower because of his Disney+ subscription
Late Carle Place physician Kanokporn Tangsuan and her husband, Jeffrey Piccolo. Credit: Jeffrey Piccolo
A wrongful death lawsuit, filed by the widower of a Carle Place physician, will go forward in court after Disney announced it will abandon its legal strategy of trying to force the case to arbitration.
Plainview resident Jeffrey Piccolo sued the company in February after his wife, Dr. Kanokporn Tangsuan, 42, died of a fatal allergic reaction after eating at Disney Springs restaurant Raglan Road Irish Pub and Restaurant in October.
Disney attorneys argued in court filings that the case should go to arbitration because a Disney+ streaming service agreement Piccolo signed almost four years earlier prohibited him from suing the company.
But in a statement Monday, Disney Experiences Chairman Josh D’Amaro said: "At Disney, we strive to put humanity above all other considerations. With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss. As such, we’ve decided to waive our right to arbitration and have the matter proceed in court."
WHAT TO KNOW
- A wrongful death lawsuit, filed by the widower of a Carle Place physician, will go forward in court after Disney announced it will abandon its legal strategy of trying to force the case to arbitration.
- Plainview resident Jeffrey Piccolo sued the company in February after his wife, Dr. Kanokporn Tangsuan, 42, died of a fatal allergic reaction after eating at Disney Springs restaurant.
- Disney attorneys withdrew the motion arguing that the case should go to arbitration. It had contended a Disney+ streaming service agreement Piccolo signed in 2019 prohibited him from suing the company.
Disney's motion for arbitration came after a flood of media attention following Newsday's story last week.
Aaron Davis, a Florida-based attorney with experience in wrongful death cases, said Disney made a "business decision" to drop its arbitration claim.
"The court of public opinion, and how they are perceived, is the most valuable thing for a company like Disney," Davis said. " ... This is not a situation where Disney had some kind of epiphany about doing this family a service by waiving arbitration. This was a calculated business decision."
In a statement last week issued amid the media coverage, Disney defended its motion for arbitration, arguing it was merely protecting itself against any attempt to include the company in a lawsuit against Raglan Road, another defendant in the litigation. Disney owns the restaurant's premises and leases the property to Raglan Road.
But on Tuesday, Disney attorneys filed a motion in District Court in Orange County, Florida canceling a scheduled Oct. 2 hearing on their motion to try and force the case into arbitration.
In a statement Tuesday, Piccolo attorney Brian Denney said while Disney withdrew its motion, the arbitration clause it relied on still exists on its various platforms.
"This potentially puts other people injured by Disney’s negligence at risk of facing a similar legal challenge," Denney said. " ... Attempts by corporations like Disney to avoid jury trials should be looked at with skepticism."
In a May 31 motion, Disney attorneys wrote that its subscriber agreement stipulates that any dispute, with the exception of small claims, "must be resolved by individual binding arbitration."
In his Aug. 2 response, Denney called Disney's motion "preposterous," adding that it's "absurd" to believe that the 153 million subscribers to the popular streaming service have waived all claims against the company and its affiliates because of language "buried" within the terms and conditions.
Disney said Piccolo signed up for a one-month Disney+ trial account on his PlayStation in 2019 and in September 2023 used the "My Disney Experience" app to purchase tickets to Epcot. Tangsuan died before they could use the tickets.
Both times, Disney said, Piccolo was notified that by clicking "Agree & Continue" he was accepting the company’s "subscriber agreement," which includes the arbitration language.
Arbitration means that cases are decided by an arbitrator as opposed to a judge or jury.
The lawsuit says Tangsuan, who was a family medicine specialist with NYU Langone's Carle Place office, dined with her husband and mother-in-law on Oct. 5 at Raglan Road.
On several occasions before ordering, Tangsuan informed the servers of her peanut and dairy allergies and the staff "unequivocally assured them that the food would be allergen free," the suit states.
Tangsuan ordered a broccoli and corn fritter, scallops, onion rings and vegan shepherd's pie and began having severe difficulty breathing after dinner, the suit states. She self-administered an epi-pen before dying at a hospital a short time later.
A medical examiner attributed her death to anaphylaxis due to elevated levels of dairy and nuts in her system, according to the litigation.
Piccolo is seeking damages in excess of $50,000 pursuant to Florida’s wrongful death act, as well as damages for mental pain and suffering, loss of income and companionship, and medical and funeral expenses.
Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.
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