Jeffrey Piccolo sued Disney after his wife suffered a fatal allergic reaction at a Disney Springs restaurant where staff guaranteed the food was safe for her consumption.
WATCH: Disney claims Piccolo cannot pursue a court hearing because he signed up for a trial of Disney + years before his wife's death.are attempting to dismiss a wrongful death lawsuit over claims that the husband of a woman who died as a result of an allergic reaction cannot sue the company because he signed up for a free trial of Disney +.
Piccolo’s lawsuit against the restaurant and Florida’s Walt Disney Parks and Resorts is seeking damages exceeding US$50,000 . Piccolo did not extend the Disney+ trial into a paid contract and he did not use the park tickets, his lawyers wrote. They said Disney’s terms of use argument is “fatally flawed,” “borders on surreal” and is a misuse of contract law.
“There is not a single authority in Florida that would support such an inane argument,” Piccolo’s lawyers wrote of Disney’s motion to stay.
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