PLAINVIEW, N.Y. — The Walt Disney Company’s response to a grieving Long Island family’s lawsuit has them vowing to fight on.
The company asked a Florida court to throw out the family’s suit because of the fine print on its Disney+ app.
Amy Tangsuan, an NYU Langone doctor from Plainview, was vigilant when she dined out, said Sabrina Martini, her best friend.
Because Tangsuan’s husband, Jeffrey Piccolo, signed up for Disney+ years earlier, he signed away his rights to sue.
There has been no response to CBS News New York’s requests for comment from the Walt Disney Company.
LAYVIEW, N. You Y. — The Walt Disney Company has vowed to continue fighting after receiving a lawsuit from a distraught Long Island family.
Family members of the woman who died from an allergic reaction at a Disney Springs restaurant were interviewed by CBS News New York on Wednesday. The Disney+ app’s fine print prompted the company to request that a Florida court dismiss the family’s lawsuit.
Amy Tangsuan, a Plainview doctor at NYU Langone, was careful when eating out, according to her best friend Sabrina Martini. Tangsuan’s severe nut and dairy allergies were always disclosed, according to Martini.
According to Martini, “whoever was with her and we would reiterate, it would not only be her who made the staff aware.”.
“The waiter guaranteed certain foods could be made allergen-free and confirmed several more times,” the lawsuit filed by her husband claims, was made at the Raglan Road restaurant in Disney Springs in October. “.”.
Soon after, Tangsuan passed away from “anaphylaxis caused by elevated levels of dairy and nuts in her system.”. ****.
Disney’s response is deemed shocking and absurd by her cousin, lawyer Peter Giattino. Tangsuan Piccolo’s husband, Jeffrey Piccolo, gave up his right to sue when he registered for Disney+ years prior. Disney points out that all disputes with the company must be arbitrated through fine print in the agreement.
Giattino said, “She was stolen from him, and now, effectively, what Disney is doing is trying to steal his day in court and it’s a fundamental right we all have.”.
Disney asserts that when Piccolo ordered Epcot tickets online, he also approved a comparable contract.
Anyone who has ever signed a user agreement may be affected by this case.
We frequently sign consumer arbitration agreements, and courts have upheld their enforceability, according to legal experts.
Although arbitration can be less expensive than a jury trial and needs to be fair, Joan Stearns Johnsen, a professor at the University of Florida’s Levin College of Law, noted that arbitration is less likely to result in the large punitive damages that are sometimes mentioned. The sympathy factor is less likely to come through. “.”.
If you have ever signed a user agreement, you may be affected by this case. According to Martini, the family members of Tangsuan must have their day in court to obtain clarification.
“Thus, the procedure can be modified and this won’t occur to another person,” Martini stated. “My best friend passed away. Nobody else should lose theirs, in my opinion. “.”.
After requesting comment from the Walt Disney Company, CBS News New York has not received a response.
Go through the lawsuit.
