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Just your daily reminder that corporations aren't your friends...

Disney wants NYU doctor allergy death suit tossed because of widower’s Disney+ subscription

Jeffrey Piccolo’s attorneys have slammed Disney’s latest motion as “preposterous” and “outrageously unreasonable.”

nypost.com

Kanokporn Tangsuan’s bereaved husband Jeffrey Piccolo is currently 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 now 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.

In the May 31 motion filed in Orange County, Fla. circuit court, Disney argued that the Disney+ subscriber agreement Piccolo signed years earlier on his PlayStation called for any dispute — with the exception of small claims — to be “resolved by individual binding arbitration.”

 

[Deleted member 1159]

Attorneys will use anything in the law to defend their clients. News at 11.

Also lmfao at the Disney+ TOS being a legally binding contract for all disputes with Disney. Fuck off

 

[Punished Miku]

Ridiculous. I hope the judge throws that lawyer into orbit.

 

[poodaddy]

Disney has always been slime, nothing new here.

 

[poppabk]

The supreme courts boner for arbitration strikes again.

 

[The Cockatrice]

We truly are living in Cyberpunk 2077.

 

[Skyfox]

What was she fatally alergic to?

 

[StueyDuck]

Jesus. We killed your wife but you signed up for a streaming service so it's even

Mental stuff really.

 

[Robot Carnival]

 

[Pagusas]

A wrongful death suit for only 50k??? Wtf Disney, just pay it. That’s the lowest wrongful death ask I’ve ever seen.

 

[TheInfamousKira]

What was she fatally alergic to?

Probably OPEN AND FREE SEXUALITY AND ACCEPTANCE. Bigot.

 

[DKehoe]

I don't get how you can look at yourself in the mirror when you do stuff like this.

 

[SlimySnake]

It's $50k. they paid more to the lawyer to argue to have this suit thrown out. What a bunch of animals. Prison.

What was she fatally alergic to?

Tangsuan, 42, died of a severe allergic reaction known as anaphylaxis just hours after dining at the Raglan Road Irish Pub and Restaurant with her husband back on Oct. 5, the original complaint said.

The physician, who had worked Manhattan’s NYU Langone hospital, had repeatedly stressed to wait staff that she had nut and dairy allergies when she ordered scallops, onion rings, broccoli and corn fritters, according to the filing.

 

[AJUMP23]

I hope the judge slaps these lawyers so hard they see their futures look bleak and penniless.

What a completely inhuman way to treat people that you assured everything was good, and it was clearly not.

 

[RJMacready73]

It's $50k. they paid more to the lawyer to argue to have this suit thrown out. What a bunch of animals. Prison.

Tangsuan, 42, died of a severe allergic reaction known as anaphylaxis just hours after dining at the Raglan Road Irish Pub and Restaurant with her husband back on Oct. 5, the original complaint said.

The physician, who had worked Manhattan’s NYU Langone hospital, had repeatedly stressed to wait staff that she had nut and dairy allergies when she ordered scallops, onion rings, broccoli and corn fritters, according to the filing.

I see this all the time and it's absolutely maddening when its someones kid that dies. If you or your child has an allergy to something that could kill them STOP EATING OUT FFS.. how hard is it, i would never put my life and certainly my kids life in the hands of a fucking nobody working in the back of a kitchen for minimum wage, no matter how many times you spell it out in the restaurant i have an allergy, human beings are gonna fucking human being and make mistakes

 

[ResilientBanana]

What was she fatally alergic to?

It's against HIPPA laws to divulge that information unless the husband lets it out. But honestly, allergies to peanuts and shell fish can be pretty crazy.

 

[RagnarokIV]

What was she fatally alergic to?

Based on some research and my own personal knowledge, potentially anything on the menu.
Dende said that Namekians don't eat, and only require water. On planet Namek, all the crops they were growing were basically for decoration and just caring for the planet.
The bigger issue here is how Disney will adapt to ensure their theme parks provide a safe and inclusive space for Namekians going forward.

 

[jason10mm]

Disney is MASSIVELY into food allergy accomodation, more so than almost any place I've ever eaten. They are rock solid on good grounds that they limited her possible exposure as much as possible. And her hubs is a physician, didn't have an epipen?

That said, using a streaming service TOS is......wow, a new low even for a lawyer. I hope this doc is gonna self fund a grinding legal assault on Disney that not only shreds these bullshit TOS 'agreements' into dust but DESTROYS the legal team that even tried this tactic.

 

[winjer]

It's because of things like this, that most people hate lawyers.

 

[Fake]

And people still defend corporations.

Embarrassing.

 

[MudoSkills]

I actually don't see how Disney lose this - he agreed to the terms.

Best case scenario is they get shamed into taking the clause out of future terms/amending existing agreements so it doesn't apply moving forward.

 

[LordCBH]

The main thing to take away here is that these terms disney is forcing onto people should be illegal. They design them to be borderline unreadable to 90% of the population and bury important stuff deep in the terms. Fuck Disney, fuck corpos who pull this shit, and fuck bootlickers who defend this shit.

 

[Ballthyrm]

I see this all the time and it's absolutely maddening when its someones kid that dies. If you or your child has an allergy to something that could kill them STOP EATING OUT FFS.. how hard is it, i would never put my life and certainly my kids life in the hands of a fucking nobody working in the back of a kitchen for minimum wage, no matter how many times you spell it out in the restaurant i have an allergy, human beings are gonna fucking human being and make mistakes

If you take that logic everywhere, you can't do anything.

When you drive you expect people not to ram into you, even if it can happen. You expect not to be run over when you walk on the sidewalk. You expect the firefighter to come put the fire down if your house catch fire.

Don't blame the victim for something like that. They fucked up, it's on them.

 

[Sleepwalker]

I see this all the time and it's absolutely maddening when its someones kid that dies. If you or your child has an allergy to something that could kill them STOP EATING OUT FFS.. how hard is it, i would never put my life and certainly my kids life in the hands of a fucking nobody working in the back of a kitchen for minimum wage, no matter how many times you spell it out in the restaurant i have an allergy, human beings are gonna fucking human being and make mistakes

Yeah I dont want to victim blame but I saw a case of a 12 year old girl that died from allergic reaction, she had severe allergies to dairy but somehow went with her mom to a coffee shop and ordered a chocolate drink.

If im deathly allergic to something I won't go to where they serve that food, period.

Even if her drink was made with soy milk there is tons of cross contamination in restaurants and honestly most of the time servers don't care enough to use separate equipment and clean well.

 

[dave_d]

I actually don't see how Disney lose this - he agreed to the terms.

Best case scenario is they get shamed into taking the clause out of future terms/amending existing agreements so it doesn't apply moving forward.

I can see that they can lose. First off court have already ruled that depending on the situation you can't just sign away rights and privileges. (The most basic example is you can't sign a contract to allow somebody to murder you and get away with it.) You never know until this gets in front of a judge but he/she could take one look at it and point out no reasonable person would expect terms in a video service would apply outside of service. (Especially since there's no ability to negotiate terms of said contract.) Lots of "contracts" are just scare tactics and would fold in front of any judge.

The second part is this would go in front of a jury and they can rule anyway they want for any reason they want and they don't have to explain it. Should I bring up the fact that Porsche literally lost a wrongful death case involving the Porsche 930? (That's the original 911 Turbo. The person who died was a passenger of a driver who was drunk and racing. Google Cynthia Files if you've never heard of that one. They jury still found against Porsche.)

 

[Pagusas]

The main thing to take away here is that these terms disney is forcing onto people should be illegal. They design them to be borderline unreadable to 90% of the population and bury important stuff deep in the terms. Fuck Disney, fuck corpos who pull this shit, and fuck bootlickers who defend this shit.

Wasn't there a case not to long ago where the judge threw out the TOS because it was determined no one would actually have been expected to read it? I'm trying to find it, but I could have sworn that happened.

 

[MudoSkills]

I can see that they can lose. First off court have already ruled that depending on the situation you can't just sign away rights and privileges. (The most basic example is you can't sign a contract to allow somebody to murder you and get away with it.) You never know until this gets in front of a judge but he/she could take one look at it and point out no reasonable person would expect terms in a video service would apply outside of service. (Especially since there's no ability to negotiate terms of said contract.) Lots of "contracts" are just scare tactics and would fold in front of any judge.

The second part is this would go in front of a jury and they can rule anyway they want for any reason they want and they don't have to explain it. Should I bring up the fact that Porsche literally lost a wrongful death case involving the Porsche 930? (That's the original 911 Turbo. The person who died was a passenger of a driver who was drunk and racing. Google Cynthia Files if you've never heard of that one. They jury still found against Porsche.)

This is all really interesting. Happy to admit I know absolutely nothing about contract law, just assumed Disney's lawyers were absolute sharks and wouldn't have made the argument if it wouldn't hold up to scrutiny.

 

[Ballthyrm]

Wasn't there a case not to long ago where the judge threw out the TOS because it was determined no one would actually have been expected to read it? I'm trying to find it, but I could have sworn that happened.

I'm French and I'm pretty sure the TOS are mostly useless here. The law takes over all the bullshit lawyers can come up with.

 

[Cyberpunkd]

Attorneys will use anything in the law to defend their clients. News at 11.

You can be sure all the Ivy League lawyers spend a lot of time at uni taking ethics classes, just as the financial bankers did before 2009.

 

[Mr Reasonable]

The lawyers will be staff, so saving Disney 50k is saving the company 50k, there's no reason to relate the sum to the cost of hiring a lawyer.

However, the absolute disgust you must feel for yourself. Imagine being the person that comes up with and puts forward the idea that you can get out of paying out for a mistake that your company made that ended a life, and the way out of it is to hark back to them watching a couple of tv shows. No amount of money could erase that from your soul, surely.

 

[calistan]

If you take that logic everywhere, you can't do anything.

When you drive you expect people not to ram into you, even if it can happen. You expect not to be run over when you walk on the sidewalk. You expect the firefighter to come put the fire down if your house catch fire.

Don't blame the victim for something like that. They fucked up, it's on them.

I don't think that's a good comparison. It seems unnecessarily risky to eat at a restaurant that caters for the 99.999% of people who don't have potentially deadly allergies.

It's more like Stevie Wonder driving a car and expecting everyone else to get out of his way.

 

[Heimdall_Xtreme]

The film companies are very scum... Especially Warner Bros.

 

[Nankatsu]

Holy shit, this is fucking unreal

Hope Mr. Piccolo wins the case.

 

[Heimdall_Xtreme]

So for watching a Disney Plus service, Disney is no longer responsible if something happens to me within its commercial areas???? What the fuck is that?

 

[Trilobit]

I see this all the time and it's absolutely maddening when its someones kid that dies. If you or your child has an allergy to something that could kill them STOP EATING OUT FFS.. how hard is it, i would never put my life and certainly my kids life in the hands of a fucking nobody working in the back of a kitchen for minimum wage, no matter how many times you spell it out in the restaurant i have an allergy, human beings are gonna fucking human being and make mistakes

I would make sure to eat only eat at vegan restaurants that have a stellar record of serving allergists. Preferrably a smaller one with an owner that knows that his livelihood and reputation is gone if he screws up. I would never take my chance with a Disney restaurant of all places. They can also afford crazy expensive lawyers in case something happens.

It's because of things like this, that most people hate lawyers.

And corporations. And the ultrarich.

 

[Puscifer]

We truly are living in Cyberpunk 2077.

Corporate dystopia is so fucking boring

 

[FeralEcho]

A wrongful death suit for only 50k??? Wtf Disney, just pay it. That’s the lowest wrongful death ask I’ve ever seen.

Hope the Judge ups the sum to 500k because fuck Disney!

 

[Madonis]

Disney+ terms and conditions should only apply to any issues involving using the streaming service, not because of what happened at a Disney park or physical location.

I hope the judge realizes that as well.

 

[nbcjr]

So glad I live in a country where this s* would not even be possible, and the lawyer would get a hefty malpractice fine if he attempted.

 

[Trogdor1123]

I actually don't see how Disney lose this - he agreed to the terms.

Best case scenario is they get shamed into taking the clause out of future terms/amending existing agreements so it doesn't apply moving forward.

Typically, these types of clauses a written broadly but are very narrow in legal interpretation as it wouldn’t be viewed as a blanket over all items, only those germane to the initial item. I guess we will see though.

 

[The Gamer Triple H]

Disney is MASSIVELY into food allergy accomodation, more so than almost any place I've ever eaten. They are rock solid on good grounds that they limited her possible exposure as much as possible. And her hubs is a physician, didn't have an epipen?

That said, using a streaming service TOS is......wow, a new low even for a lawyer. I hope this doc is gonna self fund a grinding legal assault on Disney that not only shreds these bullshit TOS 'agreements' into dust but DESTROYS the legal team that even tried this tactic.

He used an epipen on her. She still died.

Edit: it was self administered. So she used it I guess.

 

[K' Dash]

$50K? this clearly is not about the money. Pay up Fuckers.

 

[DeliciousDoc]

Signed up for a free trial. Didn't sign up for the actual service.

 

[wondermega]

The lawyers will be staff, so saving Disney 50k is saving the company 50k, there's no reason to relate the sum to the cost of hiring a lawyer.

However, the absolute disgust you must feel for yourself. Imagine being the person that comes up with and puts forward the idea that you can get out of paying out for a mistake that your company made that ended a life, and the way out of it is to hark back to them watching a couple of tv shows. No amount of money could erase that from your soul, surely.

I'm thinking that for the people who connect the dots on this stuff, they have abstracted it so far away in their head that they don't even see this as about actual people anymore. It's just a game to be able to find loopholes and gotchas, to gain points with the other sociopaths.

 

[Punished Miku]

Signed up for a free trial. Didn't sign up for the actual service.

If you do sign up for Disney+ though, they reserve the right to kill you.

 

[Walter Matthau]

Is Disney hurting so badly that they’ll put up with this much damage to their reputation to save $50k?

Everyone is reporting on this.

 

[HoodWinked]

it's still a dice roll for Disney since it says that it would still go into arbitration.

Geico got royally screwed because some bitch got an STD in a car and somehow managed to argue that it's covered by her car insurance. Then in arbitration got back a $5.2 million dollar reward. Was upheld in a lower court but only until it reached the higher court it was reversed.

Geico ordered to pay $5.2 million to woman who contracted STD during sex in insured vehicle

The woman filed a claim with Geico in 2021 after she contracted HPV during a sexual encounter in an insured vehicle.

www.usatoday.com

 

[thefool]

On one hand this doesn't surprise me, companies try to shield themselves in the most absurd ways, and this company specifically is evil. It's truly a rotten empire, hopefully i can see its demise in my lifetime.

On the other, you have life-threatening allergies and you go eat out? And put your life on the hands of a random restaurant staff? What the fuck are you thinking

 

[poppabk]

Disney+ terms and conditions should only apply to any issues involving using the streaming service, not because of what happened at a Disney park or physical location.

I hope the judge realizes that as well.

Not sure a judge will get to decide straight away - the recent supreme court ruling means you would have to go to arbitration, then go to court to argue that the arbitration didn't apply and then go to court to actually sue.

 

[ReBurn]

I think Disney is gross for using this as a means to dismiss a lawsuit.

I also think it's gross to sue Disney because someone died after they ate something they were allergic to on Disney property. It's up to the person with the allergy to make sure they don't eat something they're allergic to. It's not up to everyone else in the whole world to keep allergens away. If they're not 100% sure it's safe then why risk it? Maybe Disney lied about what was in the food. I don't know.