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Posted on 8/14/24 at 2:53 pm to Tornado Alley
quote:
outright sanctionable unconscionability
Is it though?
I skimmed the article but I think he also bought tickets online the month before the death and agreed to the clause as well. Also, depends on whether he was suing personally or as the representative of the estate, which was mentioned in the article.
I'm not saying Disney wins on that but there is an argument.
Posted on 8/14/24 at 2:53 pm to Dairy Sanders
I liked CNN's article better
Kinky
CNN
quote:
Despite self-administering an Epi-Pen, Tangsuan died from “anaphylaxis due to elevated levels of dairy and nut in her system,”
Kinky
CNN
Posted on 8/14/24 at 2:54 pm to terriblegreen
quote:
Jesus. frick that company.
I think you should be saying frick those lawyers
Posted on 8/14/24 at 2:57 pm to Dairy Sanders
So they’re announcing to all of their customers that any T&C that you agreed to with any of our companies is applicable to all of our companies? Over $50K?
Yeah that’s going to make people want to go to one of their parks. This company can’t seem to stop screwing itself inside out.
Yeah that’s going to make people want to go to one of their parks. This company can’t seem to stop screwing itself inside out.
Posted on 8/14/24 at 2:58 pm to Dairy Sanders
quote:
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.
You assumed her gender wrong, in the old school and sexist way. (i.e. the surgeon was the patient's mother) The physician that died was a female (XX chromosomes)
quote:
Disney was getting off easy with the lady only asking for $50k.
They weren't asking for $50k. They have to allege at least that amount to get jurisdiction in the circuit court.
This post was edited on 8/14/24 at 2:59 pm
Posted on 8/14/24 at 2:59 pm to TigerDeacon
quote:
Is it though?
I skimmed the article but I think he also bought tickets online the month before the death and agreed to the clause as well. Also, depends on whether he was suing personally or as the representative of the estate, which was mentioned in the article.
I'm not saying Disney wins on that but there is an argument.
It's absolutely unconscionable to bury an all-inclusive arbitration agreement in a streaming service agreement in 2019 and then attempt to enforce it in a wrongful death lawsuit five years later that had absolutely nothing to do with the streaming service.
It is likewise absolutely unconscionable to claim anyone signing up for Disney+ would have the intention to bind themselves to arbitration for any and every claim they may have against Disney, foreseeable or unforeseeable, henceforth.
If you don't think so, tell us how much Disney is paying you by the hour to defend them.
This post was edited on 8/14/24 at 3:05 pm
Posted on 8/14/24 at 3:04 pm to Dairy Sanders
Disney is king in Orange County FL. It will be interesting to see what the judge does here. It sounds like an appellate issue for the plaintiff if it’s dismissed and forced to arbitration.
Like someone said. $50k is the minimum jurisdictional amount that has to be alleged for circuit courts in FL to exercise jurisdiction. The number the plaintiff is looking for is much higher.
Like someone said. $50k is the minimum jurisdictional amount that has to be alleged for circuit courts in FL to exercise jurisdiction. The number the plaintiff is looking for is much higher.
Posted on 8/14/24 at 3:06 pm to 3nOut
The issue here that I would like to dive into was whether or not the staff was alerted to the fact that the patron had allergies. If you don't tell them that you have allergies, then how can they be at fault? The rest of any of this should be moot.
Maybe that was talked about in the article, but I'm not reading all of that.
Maybe that was talked about in the article, but I'm not reading all of that.
Posted on 8/14/24 at 3:06 pm to tigerpimpbot
quote:
Disney is king in Orange County FL. It will be interesting to see what the judge does here. It sounds like an appellate issue for the plaintiff if it’s dismissed and forced to arbitration.
Its a really longshot play by the Defense and some smart lawyering, but they are not going to win that.
Posted on 8/14/24 at 3:09 pm to Dairy Sanders
It appears that Disney is merely trying to move the lawsuit from court litigation to arbitration.
Posted on 8/14/24 at 3:11 pm to Dairy Sanders
Disney is arguing that Piccolo agreed to similar language when he used the “My Disney Experience” app to buy tickets to visit the Epcot theme park in September last year — a month before the ill-fated trip.
This post was edited on 8/14/24 at 3:14 pm
Posted on 8/14/24 at 3:15 pm to Salviati
quote:
It appears that Disney is merely trying to move the lawsuit from court litigation to arbitration.
No way?!?!?!
Posted on 8/14/24 at 3:19 pm to 3nOut
quote:
she had nut and dairy allergies when she ordered scallops, onion rings, broccoli and corn fritters, according to the filing.
Yeah, if this weren't Disney, you'd have a lot more posters questioning the wisdom of ordering breaded and fried stuff with deadly allergies to things commonly in breaded and fried stuff.
This post was edited on 8/14/24 at 3:26 pm
Posted on 8/14/24 at 3:22 pm to LSUSkip
quote:
The issue here that I would like to dive into was whether or not the staff was alerted to the fact that the patron had allergies. If you don't tell them that you have allergies, then how can they be at fault? The rest of any of this should be moot.
agreed. my wife becomes a karen about making sure that the waiter heard 2x that my stuff needs to be cooked separately (she's seen me have a couple of episodes.)
one time where it was really bad and i went and purged in the bathroom, my boss was with me and when i got back he said to the waiter "i heard him say that you needed to cook his food separately. did you relay that to the cook?"
they did not and we had our meal comped.
again, i very specifically don't eat fried food in a seafood restaurant because it's ridiculous to expect them to have a separate fryer for non sea food. even moreso ridiculous to expect them to separate from things with dairy.
ETA: again.... eff Disney for trying to use the D+ thing. don't hear the above as a defense of that
This post was edited on 8/14/24 at 3:23 pm
Posted on 8/14/24 at 3:27 pm to Dairy Sanders
quote:
Kinda of crazy the widower is only asking for $50k.
He is asking for over $50,000, the only thing the suit has to allege to gain jurisdiction in the court it is in.
This post was edited on 8/14/24 at 3:28 pm
Posted on 8/14/24 at 3:30 pm to Dairy Sanders
quote:
Kanokporn
Posted on 8/14/24 at 4:06 pm to TigerDeacon
quote:
You assumed her gender wrong, in the old school and sexist way. (i.e. the surgeon was the patient's mother) The physician that died was a female (XX chromosomes)
I had just read a different article about something completely unrelated to my OP and got the husband and wife backwards in this story. My mistake!
Posted on 8/14/24 at 4:35 pm to 3nOut
quote:
eff Disney for trying to use the D+ thing. don't hear the above as a defense of that
Sometimes I wonder if supposedly "educated" people have half a brain. Not only is it very heartless to pull that, very very tone deaf, and probably won't stand up in court if it went to that (if it were me, that statement alone would have pulled any chance of a settlement down the drain, I'm vindictive like that) but you don't want to give the general population a reason to think twice about subscribing to your product. That one statement just cost them way more than $50K.
Posted on 8/14/24 at 4:42 pm to Dairy Sanders
quote:
This is a pretty open and shut case and honestly Disney was getting off easy with the lady only asking for $50k.
Stop talking about things you have no clue about
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