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Disney’s about to take another PR hit with this lawsuit response

Posted on 8/14/24 at 1:35 pm
Posted by Dairy Sanders
Member since Apr 2022
2963 posts
Posted on 8/14/24 at 1:35 pm
Doesn’t matter if you die from a food allergy, you signed up for a free trial!

Kinda of crazy the widower is only asking for $50k.

quote:

Disney is trying to get a wrongful death lawsuit filed by a New York University doctor’s grieving husband tossed — because he signed up for the Disney+ streaming service years earlier, court papers said. Kanokporn Tangsuan’s bereaved widower, Jeffrey Piccolo, is suing the theme park juggernaut, claiming that she suffered a fatal allergic reaction shortly after eating at a Disney Springs restaurant in Florida last October. But Disney is claiming the $50,000 suit should be moved out of the courts because Piccolo agreed to arbitrate all disputes with the company when he first signed up for a one-month trial of the Disney+ streaming service back in 2019, court documents charge.
Posted by terriblegreen
Souf Badden Rewage
Member since Aug 2011
11886 posts
Posted on 8/14/24 at 1:40 pm to
Jesus. frick that company.
Posted by HuskyPanda
Philly
Member since Feb 2018
2252 posts
Posted on 8/14/24 at 1:40 pm to
That's diabolical on Disney's lawyers part.
Posted by JetsetNuggs
Member since Jun 2014
15298 posts
Posted on 8/14/24 at 1:40 pm to


Posted by Kingpenm3
Xanadu
Member since Aug 2011
9761 posts
Posted on 8/14/24 at 1:40 pm to
Wow, talk about the "fine print".
Posted by AUFANATL
Member since Dec 2007
5056 posts
Posted on 8/14/24 at 1:49 pm to

Yeah, there's probably a much better legal defense available here than "you should have read the fine print on your streaming service even though that that streaming service had nothing to do with the alleged injury".

Given their financial woes around Disney+ and other corporate endeavors, this is tone deaf from a PR standpoint and likely the result of an overzealous local attorney handling the case.

When that alligator ate a little kid in the lake at a Disney resort a decade ago they were smart enough to send their in-house heavy hitters in to immediately to buy off the family with a huge settlement and do PR damage control. I don't think the idiots running the place now have any sense of awareness.

But thanks for letting us know that you crappy streaming bundle is screwing us in more ways than we think.


Posted by Fun Bunch
New Orleans
Member since May 2008
127824 posts
Posted on 8/14/24 at 1:50 pm to
quote:

Kanokporn


The frick
Posted by Dairy Sanders
Member since Apr 2022
2963 posts
Posted on 8/14/24 at 1:51 pm to
Gotta believe that the third party arbitration clause ends once the free trial ends. Even then, any lawyer worth their salt will argue that an agreement for a streaming service doesn’t apply for a wrongful death lawsuit in a restaurant.

That restaurant will lose more revenue from this than they would have if they just paid the lady the $50k and moved on.
Posted by The Quiet One
Former United States
Member since Oct 2013
12135 posts
Posted on 8/14/24 at 1:58 pm to
quote:

Kanokporn Tangsuan


Type this in a search browser and 3-letter agencies raid your house.
Posted by DarkDrifter
Louisiana
Member since Aug 2011
5055 posts
Posted on 8/14/24 at 2:13 pm to
quote:

one-month trial of the Disney+ streaming service back in 2019


quote:

died last October.


almost 5 fricking years ago.. Are you kidding??

A) What kinda pencil dick lawyer did that guy hire..

B) WTF is up with this name (Kanokporn Tangsuan’s) ??

C) Disney should have cut him a 50K check and be done with it.. Their lawyers definitely will cost more than that
This post was edited on 8/14/24 at 2:13 pm
Posted by SuperOcean
Member since Jun 2022
4585 posts
Posted on 8/14/24 at 2:21 pm to
(no message)
Posted by TheDeathValley
Louisiana
Member since Sep 2010
20062 posts
Posted on 8/14/24 at 2:28 pm to
Sounds like she needs to seek more than 50k,'

They could've quietly paid that and walked away.

With that being said, unless Disney on some level failed to disclose something, how are they responsible for him having an allergic reaction?
Posted by 3nOut
I don't really care, Margaret
Member since Jan 2013
31754 posts
Posted on 8/14/24 at 2:31 pm to
quote:

she had nut and dairy allergies when she ordered scallops, onion rings, broccoli and corn fritters, according to the filing.


quote:

Soon after leaving the restaurant, Tangsuan started experiencing difficulty breathing and collapsed, court papers charge.

Even though an epi-pen was immediately administered to her, she died at a local hospital, the lawsuit said.


i'm pretty damn allergic to shellfish and i just generally tell people to not cook my stuff around the shellfish and then order salads. i've had some instances (after saying please keep this separated) where i had reactions. i'm usually pissed, but i also pace myself so that i don't down a whole burger/steak/chicken and am pot committed.

not to absolve disney of this preamble bullshite (i hope the lawyer that thought of this burns his mouth every day on a hot pocket) from the D+ trial thing, but both of the bolded are above going to be either made with or fried with nuts and dairy product.

my family loves sea food and i'm in Port A or SPI a couple of times a year, but i just don't anything fried because i'm not an idiot and don't want to spoil fresh sea food for them.
This post was edited on 8/14/24 at 2:33 pm
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29856 posts
Posted on 8/14/24 at 2:39 pm to
The lawsuit is seeking in excess of $50k which is a requirement for Florida circuit civil courts to accept the lawsuit. That is not all they would hope to receive in the lawsuit.

The Disney attorneys are doing their job in throwing everything at the plaintiff.

In the end, I don't see how Disney gets to skate on liability based upon the spouse signing up for free Disney+ and buying some tickets online. Then again, this is Florida.
Posted by SteelerBravesDawg
Member since Sep 2020
43337 posts
Posted on 8/14/24 at 2:41 pm to
Jesus.
Posted by jcaz
Laffy
Member since Aug 2014
18769 posts
Posted on 8/14/24 at 2:43 pm to
Hope it goes to trial and jury awards millions. Disney is run by morons trying to use that Disney+ agreement.
Posted by rmc
Truth or Consequences
Member since Sep 2004
27247 posts
Posted on 8/14/24 at 2:45 pm to
quote:

But Disney is claiming the $50,000 suit should be moved out of the courts because Piccolo agreed to arbitrate all disputes with the company when he first signed up for a one-month trial of the Disney+ streaming service back in 2019, court documents charge.




My question: did the lawyer who wrote that clause, and Disney, mean for it to apply to everything forever Disney related?
Posted by TheChosenOne
Member since Dec 2005
18845 posts
Posted on 8/14/24 at 2:47 pm to
quote:

The lawsuit is seeking in excess of $50k which is a requirement for Florida circuit civil courts to accept the lawsuit. That is not all they would hope to receive in the lawsuit.

The Disney attorneys are doing their job in throwing everything at the plaintiff.

In the end, I don't see how Disney gets to skate on liability based upon the spouse signing up for free Disney+ and buying some tickets online. Then again, this is Florida

Yea. You have to imagine Disney offered him a pretty decent settlement and
he refused, so now their lawyers are pulling out all the stops.
This post was edited on 8/14/24 at 2:49 pm
Posted by Tornado Alley
Member since Mar 2012
28443 posts
Posted on 8/14/24 at 2:50 pm to
quote:

The Disney attorneys are doing their job in throwing everything at the plaintiff.


I don't know, man. Zeal isn't supposed to trump outright sanctionable unconscionability. But what do I know?
Posted by Dairy Sanders
Member since Apr 2022
2963 posts
Posted on 8/14/24 at 2:51 pm to
quote:

how are they responsible for him having an allergic reaction?


So one of the positive things that Disney is known for is being very accommodating of any and all food allergies as long as you let them know what the allergy is before you order. The couple in this lawsuit made it very clear what the gentleman’s allergies were and the restaurant assured them that their order would be free of anything that would trigger the guy’s allergies. That was not the case, he had a severe reaction to their food and died as a result. Believe it was proven that the food he ate had some of the allergens in it already. This is a pretty open and shut case and honestly Disney was getting off easy with the lady only asking for $50k.

Now they will most likely be paying out at least 100 times that amount and deal with a loss of revenue as well.
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