Disney has asked a Florida court to dismiss a wrongful death lawsuit filed by the husband of a Long Island doctor.
The lawsuit claims that Dr. Kanokporn Tangsuan suffered a fatal allergic reaction after eating at a Disney Springs restaurant despite repeatedly informing the waiter of her severe allergy.
Disney is calling for the lawsuit to be dismissed because her husband signed up for a one-month trial of the Disney+ streaming service years prior.
The company says signing up for the trial requires users to arbitrate all disputes with the company.
Husband Jeffrey Piccolo is in excess of $50,000 in the lawsuit. The lawsuit states that Tangsuan had dinner at Raglan Road Irish Pub on Oct. 5, 2023, with her husband and his mother. Tangsuan had a severe allergy to nuts and dairy products and informed the waiter that she required “allergen free food.”
The couple questioned the waiter about various items on the menu, according to the lawsuit. The waiter then asked the chef “whether certain foods could be made allergen free,” before returning to the table and confirming they could.
The couple asked the waiter several more times to be absolutely sure the food would be allergen free before Tangsuan ordered a fritter, scallops and onion rings, the lawsuit said.
When the food arrived, some items did not contain “allergen free flags,” prompting the doctor and her husband to ask the waiter if the items were nut and dairy free. The waiter “guaranteed” that the food was allergen-free, the lawsuit said.
Around 8 p.m., after finishing dinner, the doctor and her mother-in-law went shopping separately at Disney Springs, while Piccolo returned to their room with the leftover food, the lawsuit said.
About 45 minutes later, Tangsuan was having difficulty breathing when she entered Planet Hollywood and collapsed to the floor. The lawsuit said she had self-administered an epi-pen while suffering from the allergic reaction.
Her mother-in-law began calling to meet back up with her, but the calls went unanswered, according to the lawsuit. The mother-in-law returned to the hotel, and she called Tangsuan’s phone again. This time someone answered and said Tangsuan had been taken to a hospital.
The doctor died at the hospital, the lawsuit said.
A medical examiner’s investigation determined she died as a result of “anaphylaxis due to elevated levels of dairy and nut in her system,” the lawsuit said.
The lawsuit alleges that Raglan Road failed to educate, train and/or instruct its employees to make sure food was allergen-free.
AP Wire Services contributed to this report.
May 31 Motion
Aug. 2 Response