Disney drops attempt to dismiss Thai doctor’s death lawsuit
Disney dropped its attempt to dismiss a lawsuit filed by the husband of a Thai doctor who died from a severe food allergy at a Disney restaurant in Florida, following controversy over Disney’s initial reliance on its Disney+ streaming service terms to argue the case.
The 42 year old Thai doctor, Kanokporn Tangsuan, died from an allergic reaction after a worker at the Raglan Road Irish Pub and Restaurant within Disney World in Florida served her dishes containing dairy products and nuts, despite her repeatedly emphasising that she was allergic to them.
Kanokporn’s husband, Jeffrey Piccolo, decided to take legal action against Disney, accusing the worker of recklessness and demanding US$50,000 in compensation.
Disney initially refused to participate in court proceedings, claiming that Piccolo was unable to sue the company because he had agreed to the terms of the Disney+ streaming platform, which required any disputes with Disney to be settled outside of court.
Disney’s stance exacerbated the situation and drew widespread criticism. Piccolo’s lawyer condemned Disney for being unfair, echoing the sentiments of many who were following the story.
In response to the backlash, the chairman of Disney Parks, Experiences and Products, Josh D’Amaro, announced that the company would withdraw its argument regarding Disney+ and allow the case to proceed in court.
“At Disney, we strive to put humanity above all other considerations. In light of the unique circumstances of this case, we believe a sensitive approach is warranted to expedite a resolution for the family who have suffered such a painful loss. As such, we have decided to waive our right to arbitration and allow the matter to proceed in court.”
Further details will be released following the court’s verdict on the case.
UPDATE: Disney fights Thai doctor’s death lawsuit, citing husband’s agreement
Multinational conglomerate Walt Disney dismissed a lawsuit filed by the husband of a Thai doctor who died after dining at a Disney restaurant in Florida, claiming that her husband agreed to settle any disputes with Disney outside of court when he signed up for the Disney+ streaming service.
The Thai doctor, 42 year old Kanokporn Tangsuan, died following a severe allergic reaction after eating at the Raglan Road Irish Pub and Restaurant at Disney World in Florida with her husband, Jeffrey Piccolo, on October 5, 2023.
On the day of the incident, Kanokporn and her husband ordered fried vegetarian dishes and emphasised to the staff that she could only consume allergen-free food, as she was allergic to dairy products and nuts.
When each dish was served, the couple noticed that one of them did not include the allergen-free label like the others. They decided to ask the staff about the dish but the staff confirmed that it was safe for Kanokporn to eat.
Immediately after consuming the dish, Kanokporn began to choke and collapsed to the ground. She used an epinephrine autoinjector but her condition did not improve.
Her husband called 911 for emergency assistance. Unfortunately, Kanokporn died that night. The doctor later revealed that a large amount of dairy and nuts was found in her system.
Disney slammed
Kanokporn’s husband, Piccolo, decided to take legal action against Disney, accusing the company’s staff of recklessness and demanding US$50,000 in compensation.
According to an update on the case reported by the New York Post, Disney is trying to have the lawsuit dismissed, citing an agreement on the Disney+ streaming platform that Piccolo had accepted during a one-month trial in 2019.
Disney stated that Piccolo signed up for the streaming service in 2019 and agreed to the subscriber agreement, which stipulated that any dispute, except small claims, he had with the company would be resolved through individual binding arbitration.
The company added that Piccolo had also agreed to a similar agreement when he purchased tickets to the Epcot theme park in September last year.
Piccolo’s lawyers criticised Disney’s argument as fundamentally flawed and urged the court not to enforce the unfair agreement.
“The notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer’s right to a jury trial in any dispute with any Disney affiliate or subsidiary is so outrageously unreasonable and unfair as to shock the judicial conscience, and this court should not enforce such an agreement.”
The case continues, and the death of Kanokporn has drawn the attention of many who believe that restaurant staff should have proper knowledge of food allergies to ensure customer safety.
ORIGINAL STORY: Thai doctor’s allergy leads to fatal dinner at Florida Disney World
A Thai doctor from New York died after an allergic reaction at a restaurant at Disney World, Florida.
Her grieving husband is taking legal action against the Florida resort and the restaurant where they dined, alleging negligence in a lawsuit filed recently.
According to reports from NBC News Digital, the complaint filed in a Florida circuit court on behalf of Jeffrey J. Piccolo claims that Raglan Road Irish Pub and Restaurant served Dr Kanokporn Tangsuan food containing allergens, despite assurances of allergy safety.
The 42 year old Thai doctor succumbed to a severe allergic reaction known as anaphylaxis on the night of October 5 last year, as per a medical examiner’s autopsy report cited in the lawsuit. The trio, Dr Kanokporn, Piccolo, and his mother, opted for dinner at the restaurant in Disney Springs, believing it could cater to her allergies, the complaint states.
Despite reassurances from the server and the establishment’s purported commitment to allergy safety, tragedy struck. The couple repeatedly sought clarification on allergen-free options, only to be assured that their chosen dishes would be safe for consumption.
Following the meal, tragedy struck. Dr Kanokporn began experiencing difficulty breathing around 8.45pm, collapsing in a nearby restaurant due to the severe allergic reaction triggered by the food served at Raglan Road. Despite administering her EpiPen, her condition deteriorated rapidly, requiring emergency medical attention.
Paramedics rushed the Thai doctor to the hospital, where, tragically, she succumbed to an allergic reaction. Piccolo, unaware of the unfolding tragedy, was informed by a bystander who answered his wife’s phone. Upon arrival at the hospital, he received the devastating news of her passing, reported Thai PBS World.
An autopsy revealed elevated levels of dairy and nuts in Dr Kanokporn’s system, aligning with her known allergies. However, the validity and significance of these findings, conducted post-mortem, remain under question.
The lawsuit, naming the restaurant and Disney Parks and Resorts as defendants, alleges multiple counts of negligence and seeks damages exceeding US$50,000 (approximately 1,800,000 baht). As the legal battle unfolds, it casts a sombre light on the importance of allergen awareness and safety protocols in dining establishments, even within the magical realms of Disney.
