"The argument borders on surreal" Disney is seeking to dismiss a wrongful death claim because the accuser signed up to a one month trial of Disney+ in 2019. Jeffrey Piccolo is suing the entertainment giant over the death of his wife, Dr. Kanokporn Tangsuan, after alleging that she suffered an allergic reaction while dining at a resort restaurant in Disney Springs at the Walt Disney World Resort in Florida.

According to court filings, Piccolo claims that he and his wife “were assured that her order would be allergen free” by a waiter at the restaurant. The couple stressed before dining that Tangsuan had a nut and dairy allergy. Shortly after eating, however, Piccolo claims that his wife suffered a “severe acute allergic reaction”, and died later that day on October 5.

The medical examiner’s investigation “determined that her cause of death was anaphylaxis due to elevated levels of dairy and nut in her system”, the lawsuit against Walt Disney Parks and Resorts states. Piccolo is arguing the restaurant staff were negligent, and is suing Disney for damages exceeding $50,000 (£38,900), per the complaint. Disney + – CREDIT: Chris Delmas/AFP via Getty Images As per a court filing (via The Guardian ), Disney has argued that the case ought to be dismissed and settled out of court because Piccolo agreed to the company’s terms of use – which state that users agree to settle any disputes with the company out of court via arbitration – when he signed up for a one-mo.