Disney claims widower cannot sue them for wrongful death because he subscribed to Disney+

Lawyers for Disney on Wednesday argued against a wrongful death lawsuit, claiming that the widower cannot sue them because he took part in a one month trial of Disney+ years ago.

The plaintiff, Jeffrey Piccolo, is suing the park for at least $50,000 in a wrongful death suit after his wife died at a restaurant in Disney Springs in October of 2023 due to an allergic reaction to nuts and dairy, despite repeatedly being assured her food would not contain nuts or dairy.

Court documents obtained by CNN showed that Disney is trying to get the lawsuit dismissed because Piccolo signed up for a one-month trial of the company's streaming service in 2019, which requires users to settle disputes with the company out of court, through arbitration. 

Lawyers also argued that because Piccolo used the Walt Disney Parks’ website to buy Epcot Center tickets, they cannot be sued by the estate of Piccolo's deceased wife.

“We are deeply saddened by the family’s loss and understand their grief,” a Disney spokesperson told the outlet. “Given that this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant.”

Piccolo’s lawyer Brian Denney claimed the parks' argument was "preposterous," and "outrageously unreasonable."

“[Disney is] explicitly seeking to bar its 150 million Disney+ subscribers from ever prosecuting a wrongful death case against it in front of a jury even if the case facts have nothing to with Disney+,” Denney wrote in court documents.

Piccolo is seeking the $50,000 pursuant to Florida's wrongful death law, along with other damages for pain and suffering, losses of companionship, protection, and income, and medical and funeral expenses.

Misty Severi is an evening news reporter for Just The News. You can follow her on X for more coverage.