August 21st 2024.
Jeffrey Piccolo's world came crashing down when he lost his beloved wife, Kanokporn Tangsuan, in 2023. She passed away after suffering a severe allergic reaction from eating at a restaurant in Disney Springs, Florida, which was operated by an independent company. Even more devastating for Mr. Piccolo was the fact that his wife had repeatedly informed the staff at the theme park of her allergies to dairy and nuts, only to have her concerns brushed off.
In his pursuit for justice, Mr. Piccolo filed a wrongful death lawsuit against Disney, hoping to hold the company accountable for their negligence. However, Disney initially tried to avoid a public trial by invoking a clause in their terms and conditions, which stated that any legal disputes must be settled through arbitration. This would have meant that the case would not be heard in court, but rather by a neutral third party.
Fortunately, Disney has now changed their stance and decided to allow the case to proceed in court. Josh D'Amaro, chairman of Disney Experiences, acknowledged the pain and suffering that the Piccolo family has endured and expressed a desire to expedite a resolution for them. He also stated that Disney has waived their right to arbitration in this particular case.
Despite Disney's attempt to settle the matter outside of court, Mr. Piccolo's lawyers have remained steadfast in their pursuit of justice for Kanokporn. They believe that Disney's initial decision to avoid a jury trial should be viewed with skepticism and that the case should be heard in court. They also hope that this case will raise awareness for the millions of people who suffer from food allergies.
Many have speculated that Disney's change of heart was motivated by the negative publicity surrounding their original decision. Jamie Cartwright, a partner at the law firm representing Mr. Piccolo, believes that the public outcry played a significant role in Disney's u-turn.
In response to Disney's initial argument that Mr. Piccolo had waived his right to a jury trial when he signed up for a free trial of Disney+, his lawyers called the claim "preposterous" and "insane." They argued that the company's terms and conditions could not possibly apply to a one-month free trial and that such a clause would be unreasonable.
The cause of Kanokporn's death was determined to be anaphylaxis caused by elevated levels of dairy and nut in her system. As a result, Mr. Piccolo is seeking $50,000 in damages, as well as legal costs, from Disney. The company, however, maintains that they have no control over the operation and management of the restaurant where Kanokporn ate.
In the end, the Piccolo family's pursuit of justice has prevailed, and Disney has agreed to let the case be heard in court. While nothing can bring back Kanokporn, Mr. Piccolo hopes that this case will raise awareness about the severity of food allergies and prevent similar tragedies from occurring in the future.
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