Disney is attempting to use the terms and conditions of Disney+ against a man suing the company for his wife’s death. Walt Disney Parks and Resorts filed a motion for dismissal on Friday, Aug. 2, over a wrongful death lawsuit because the man who filed it signed up for Disney+ years earlier.
Jeffrey Piccolo’s wife suffered a deadly allergic reaction in October 2023 after eating at a Disney Springs restaurant in Florida. The couple reportedly told the server at the restaurant that she had nut and dairy allergies, and they were repeatedly assured that the food was prepared allergen-free. However, Piccolo’s wife experienced difficult breathing after dinner and later died at a local hospital.
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Disney argued that the wrongful death lawsuit should be thrown out because Piccolo signed up for a one-month trial of Disney+ in 2019. The company said that signing up for the trial requires users to agree to settle all disputes with the company.
Disney’s lawyers said that the company is also protected from legal action because Piccolo used Walt Disney Parks website to buy tickets to Epcot Theme Park a month before the incident, in September 2023. Disney said that the purchasing of the tickets required the user to sign up for the same agreement as Disney+.
Piccolo is suing Disney for $50,000 over mental pain and suffering as well as loss of income and funeral costs. His attorney called Disney’s move to dismiss the case on the grounds of trial sign-up “preposterous” and “outrageously unreasonable.”
