A man suing US company Disney over the death of his wife in a restaurant could see his lawsuit dismissed because of a decision he made in the past: he had already subscribed to Disney Plus.
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In 2019, Jeffrey Piccolo signed up for the streaming platform’s one-month trial. He never thought that simple decision would hurt his legal proceedings.
The widower is suing the company for $50,000 (C$68,600), CNN reported, under Florida’s wrongful death law, including damages for mental distress, loss of income, medical and funeral expenses.
The company’s lawyers also say Mr. Piccolo used the Walt Disney Parks website to purchase tickets to the Epcot theme park in September 2023.
According to them, Disney would thus be protected from a lawsuit brought by Mr. Piccolo.
He is trying to find justice for his late wife, Kanokporn Tangsuan, who passed away in October 2023. She had severe allergies to nuts and dairy. They had gone to Raglan Road Irish Pub in Disney Springs, thinking the staff would accommodate their dietary restrictions.
Photo taken from Facebook | Vajiradhammapadip Temple Ltd
Although she used an EpiPen-type auto-injector, the woman died of “anaphylaxis due to high levels of dairy and nuts in her system,” according to the lawsuit.
Disney’s decision is “outrageously unreasonable and unfair,” said Brian Denney, Mr. Piccolo’s lawyer. He called their argument “absurd.”
Disney did not respond to CNN’s interview requests.