Disney cites widower’s app account and ticket purchase as reason to dismiss fatal allergic reaction lawsuit

Disney and the Raglan Road restaurant in Disney Springs are arguing that a lawsuit filed after a New York doctor died of an allergic reaction should be dismissed because her widower had set up a Disney+ account years earlier, according to court documents.

The response was filed on May 31. An additional letter the same day said plaintiff Jeffrey Piccolo used a MyDisney account to purchase EPCOT tickets that were refunded after they went unused following his wife’s death. Disney argues that the terms of the agreement agreed to by Disney+ and MyDisney waive his “right to have disputes resolved in court before a judge or jury,” indicating that arbitration should be conducted by a mediator.

Piccolo’s attorneys called Disney’s response “absurd” and “fatally flawed” in an Aug. 2 court filing. They also argue that Piccolo’s wrongful death lawsuit was filed on behalf of his wife’s estate, not his own.

Piccolo’s complaint, filed in February in a Florida court, states that Dr. Kanokporn Tangsuan died in early October from an allergic reaction after eating at an Irish restaurant on Disney World property. The complaint says that negligence on the part of Disney and the restaurant led to her death.

DISNEY FACED WITH LAWSUIT AFTER DOCTOR HAS FATAL ALLERGIC REACTION

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Piccolo asks court award him damages “in excess” of $50,000 from the entertainment and restaurant giant, according to the lawsuit, which says he has experienced mental pain and suffering, loss of companionship and other damages since his wife’s death.

While at the restaurant, the couple told the waiter about Tangsuan’s severe allergies to dairy and nuts and repeatedly asked for assurances that the food she would receive would not contain those ingredients, according to the lawsuit. But she was eventually given pancakes, scallops, vegan shepherd’s pie and onion ringswhich staff said did not contain dairy or nuts, even though some of the products were not labeled allergen-free, the lawsuit alleges.

JUDGE DROPS DISNEY’S LAWSUIT ALLEGING INDULGENCE BY DESANTIS

Tangsuan’s fatal allergic reaction occurred while she was browsing stores shortly after a family dinner in Raglan Road, the lawsuit says. She was 42, according to her obituary.

FOX Business contacted us to Disney for comment but had not received a response by the time of publication.

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Raglan Road has been operating at Disney Springs since 2005. It is known for offering Irish food as well as “live Irish music and dancing,” according to the Disney Springs website.

Aislinn Murphy of FOX Business contributed to this report.