Disney+ clause prevents NY man from suing over wife’s peanut allergy death, company says

NEW YORK - The Walt Disney Company is asking a Florida court to throw out a widower's wrongful death suit after his wife suffered a fatal allergy attack at a Disney Springs restaurant due to fine print on the Disney+ app. 

Pictures are sometimes painful for Jeffrey Piccolo to look at because they’re all he has left. His wife, Amy Tangsuan, was a beloved doctor and someone who family and friends say was always careful about her peanut and dairy allergy.

Tangsuan suffered a fatal allergic reaction after eating at a Disney Springs restaurant last fall. An EpiPen wasn’t enough to keep her alive.

"She was basically ripped from our lives, and it’s a tragedy," said Peter Giattino, an attorney for Piccolo.

Piccolo sued Disney after Tangsuan's death, but now, Walt Disney Parks and Resorts is now trying to get it tossed because Piccolo signed up for a one-month trial of Disney+.

The fine print of the Disney+ subscriber agreement mandates users settle any lawsuits out of court - through arbitration.

"This was the ultimate loss for Jeffrey," Giattino said. "She was stolen from him and what Disney is doing is trying to steal his day in court."

Skipping the terms and conditions when signing up for streaming services isn’t uncommon, but legal expert Seth Berenzweig says knowing the risks is important.

"They have to be aware if they’re going to walk into that field for streaming service, they’re going to be forced to play by the network’s rules of the game," Berenzweig said. "At the end of the day, I think Disney is going to have a hard time keeping a straight face on this one."

Loved ones hope this case raises awareness among those who have to be careful about food allergies.

"She always had her EpiPens with her and was super vigilant about making people aware," said Sabrina Martini. "I lost my best friend. I wouldn’t want anyone else to lose theirs."

A hearing has been scheduled for Oct. 2 in Florida. Both sides will make their case in front of a judge. 

Aug. 20 update: "At Disney, we strive to put humanity above all other considerations. With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss. As such, we’ve decided to waive our right to arbitration and have the matter proceed in court," Josh D’Amaro, chairman of Disney Experiences, said in a statement.