Wrongful Death Lawsuit and Disney's Scary Attempt

[MichWolv]

Ok, IANAL but from what I've read, the reasoning for Disney being included in the lawsuit is that the Disney website/MDE was used to select the restaurant and the site/app made mention of allergens or whatever. So I can kind of see how they are tenuously connected to an event that occurred in a restaurant they neither own nor operate. I've seen that they referenced EULA or statements on the website or MDE user license that refer to forced arbitration. I don't understand why or how Disney+ factors into this at all or why they would bring it up (which makes me think this story is being misrepresented by people who are also not lawyers), but I think if they are using language/forced agreement to terms by using their website to force arbitration over whatever responsibility they may bear through advertising on their website or handling reservations but wouldn't that still leave the litigants open to pursuing Raglan Road, its employees, or ownership? Or is Disney trying to roll it all up and force arbitration with the restaurant as well? I will say, however, corporations have been given far too much leeway in their ability to force arbitration and it's time to rein that bs in.

I read the motion filed by Disney. It is short. It is direct. The story isn't being misrepresented as to what Disney asked for. Indeed, after the Overview and Background sections, the motion begins...

1. Piccolo Accepted the Disney+ Subscriber Agreement
In November 2019, Piccolo initially created a Disney account through the Disney+ website (Streit Decl. ¶ 6); (Morgan Decl. ¶ 5).2 Piccolo completed the registration webform by providing personal information, including his email address, and created a password (see Morgan Decl. ¶ 6). Before registering the account, Piccolo had to select “Agree & Continue” (id.). Immediately above was a disclosure notifying Piccolo that "By clicking Agree & Continue, you agree to our Subscriber Agreement” (id.). Piccolo then selected “Agree and Continue” (id.). The term “Subscriber Agreement” was underlined in blue font and provided a hyperlink directly to the document (Morgan Decl. ¶¶ 6-7). Piccolo also agreed to the Disney Terms of Use (Streit Decl. ¶ 7). Piccolo could not have created a Disney account without doing so.

2. The Terms of Use Contain a Binding Arbitration Provision
The Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause. The first page of the Subscriber Agreement states, in all capital letters, that “any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration” (Morgan Decl. Ex. A at 1). The Subscriber Agreement also states, in the same font, that: “when you create a Disney+ or ESPN+ account, you also agree to the Walt Disney Company’s Terms of Use, available at www.disneytermsofuse.com and at the end of this agreement which govern your use of other Disney Services” (id.).

 

[Overlordkitty]

They didn’t just rely on information provided by Disney. They relied on information provided directly by the restaurant and its staff.


They knew enough to also sue them.

First rule of Torts: sue everybody.

 

[Lilofan]

First rule of Torts: sue everybody.

It is the American way - Blame & Claim $$$$

 

[Tha Realest]

They didn’t just rely on information provided by Disney. They relied on information provided directly by the restaurant and its staff.


They knew enough to also sue them.

I mean, this is the information on the Disney.go.com website for Disney Springs Raglan Road right now; it’s unclear if they’ve revised it since this terrible incident, but they’re still referred to “Cast Members” on the official description if one was researching the restaurant ahead of time (which many with allergies do)

 

[Section106]

The fritter, I think the scallops, and another article said onion rings were eaten as well are all fryer foods. The fryer is often forgotten as a point of cross contamination.

From the widowers statement, they had conferred several times with the waiter that the food could be made to accommodate her allergies. If she had ordered straight from the menu and never told anyone, then there probably wouldn't be a case. But it sounds like she did everything she could to verify.

Whether Disney stays on the lawsuit is what Disney was arguing in their brief.

Right. I'm just trying to understand how nuts and dairy from Raglan Road caused this when I only see the Scallop Gnocchi as a source of dairy. What on the menu has nuts that would be deep fried to cause cross contamination?

And I'm not trying to blame the victim here. The story is just lacking in details.

 

[Lilofan]

I mean, this is the information on the Disney.go.com website for Disney Springs Raglan Road right now; it’s unclear if they’ve revised it since this terrible incident, but they’re still referred to “Cast Members” on the official description if one was researching the restaurant ahead of time (which many with allergies do)

View attachment 809401

This was revised after the guest death.

 

[lazyboy97o]

I mean, this is the information on the Disney.go.com website for Disney Springs Raglan Road right now; it’s unclear if they’ve revised it since this terrible incident, but they’re still referred to “Cast Members” on the official description if one was researching the restaurant ahead of time (which many with allergies do)

View attachment 809401

I have no idea what point you’re trying to make. The suit recounts discussions with the restaurant staff.

Right. I'm just trying to understand how nuts and dairy from Raglan Road caused this when I only see the Scallop Gnocchi as a source of dairy. What on the menu has nuts that would be deep fried to cause cross contamination?

And I'm not trying to blame the victim here. The story is just lacking in details.

Peanut oil can and is used in deep driers.

 

[Chi84]

It looks like one way the plaintiff is alleging negligence against Disney is based on representations made on its website about how allergies are handled.

Disney’s motion is arguing that when creating a Disney+ account on Disney’s website, the plaintiff clicked a box agreeing to all terms and conditions.

The terms and conditions require the parties to submit to binding arbitration and provide that the issue of arbitrability itself must be decided by the arbitrator.

Disney is asking for an order compelling the plaintiff to arbitrate and to stay the lawsuit until after arbitration.

Generally, standard practice in a tort case is to file suit against all parties who may be liable and allege all viable theories. Failing to do so could result in losing the right to sue them later or to raise a different theory should the lawsuit take an unexpected turn.

The court will rule on the motion and the case will proceed. None of this is meant to personally insult the plaintiff or anyone else.

 

[Overlordkitty]

Right. I'm just trying to understand how nuts and dairy from Raglan Road caused this when I only see the Scallop Gnocchi as a source of dairy. What on the menu has nuts that would be deep fried to cause cross contamination?

And I'm not trying to blame the victim here. The story is just lacking in details.

I get it, because I have also looked at the menu, and haven't seen anything with nuts on it, unless there's a seasonal item, or the menu has changed. The autopsy said both dairy and nuts being detected, so that is one thing I'm curious about.

My guess is poor communication between the server and the back of house. But it could be something as small as an allergen falling on the plate, and being removed but still serving the same plate instead of creating a new plate, or contaminated utensils. It doesn't take much when it's such a severe allergy.

From a legal standpoint, and I'll admit I haven't read the full documents to see if this was noted, but I'm assuming Disney lawyers looked at any security video of Disney Springs to make sure she didn't go anywhere between Raglan Road and the store she was at when the emergency happened.

 

[Overlordkitty]

Peanut oil can and is used in deep driers

that's an excellent point. And I doubt the server would have known that, or even Back of House.

 

[lazyboy97o]

that's an excellent point. And I doubt the server would have known that, or even Back of House.

They would/should know. At a minimum it would be written on the container.

The reaction wasn’t immediate either which does leave open the possibility of some other source of exposure.

 

[Overlordkitty]

They would/should know. At a minimum it would be written on the container.

The reaction wasn’t immediate either which does leave open the possibility of some other source of exposure.

They absolutely should know. Unfortunately there's a lot that I have witnessed in restaurants regarding preparation and reading labels that if I had a severe allergy, I'd probably never eat at a restaurant.

 

[bpiper]

I have no idea what point you’re trying to make. The suit recounts discussions with the restaurant staff.


Peanut oil can and is used in deep driers.

Yes, just look at Chik-Fil-A...

But people with a peanut allergy identify themselves as having a peanut allergy. It is exclusive to just peanuts, no other nuts

People with a tree nut allergy, like my DW (who also has a sesame allergy) identify as having a nut allergy. She can't have any nut that is grown above ground on a tree. Like, walnuts, pecans, almonds, cashew, hazelnuts and pistachio nuts. Peanuts don't count because they are grown underground.

When she eats anything with nuts or sesame, she gets an immediate tingling reaction in her mouth. She doesn't have to actually eat the nut in the food because the act of cooking the dish will release the oils in the nut into the surrounding food and contaminating it. This is why she can't scrape off the sesame seeds off of a bun. The warm bread releases the oils in the seed when they are sprinkled on top of the bun.

Because of my DW's immediate reaction and everyone she knows who also has the allergy, when taking a bite and chewing, I would suspect that it wasn't tree nuts that was the culprit, but was the dairy allergy. She was able to finish the meal and walk around for 45 minutes. No nut reaction takes 45+ minutes.

Fun factoid, if you use an epi-pen, you MUST go to the ER. The epinephrine in it opens your airways so that you can breath but it constricts your blood vessels, raising your blood pressure and heart rate, which puts you in risk of getting a heart attack. She once spent 6 hours after getting to the ER hooked up to the EKG to monitor her heart rate and blood pressure until it went down enough to be discharged.

 

[bpiper]

Does anyone know if the Reedy Creek ambulance crews are EMT's or Paramedics?

If they were Paramedics, they should have been able to put a tube down her throat to breath or perform an emergency tracheotomy to bypass the constricted throat.

 

[Lilofan]

They absolutely should know. Unfortunately there's a lot that I have witnessed in restaurants regarding preparation and reading labels that if I had a severe allergy, I'd probably never eat at a restaurant.

And the guest who passed was a doctor from NYC.

 

[danlb_2000]

Why are they even named in the lawsuit? Isn't raglan road owned and operated by a third party?

Disney has deeper pockets.

 

[LSLS]

Two wrongs don’t make a right, the widower suing Disney (because they are the landlord) was ridiculous, Disney claiming arbitration rights because of a D+ subscription is equally ridiculous.

It’s a bad look and makes me question how protected I am at the park since I’m also a D+ subscriber. If a lamppost falls (as has happened recently) and breaks my back is Disneys liability limited because I’m a D+ subscriber? Horrible look.

That's honestly my exact thought too.

 

[Chi84]

I guess I shouldn’t be shocked by anything the media does these days, but the false headlines regarding Disney’s motion are beyond belief.

I’m reading that Disney asked for a wrongful death lawsuit to be “tossed” or “dismissed” because the widower signed up for a Disney+ trial.

Disney’s motion simply asks the federal court to order the case to arbitration and stay (pause) the federal lawsuit pending the result of the arbitration.

So many people don’t read past the headlines or understand the law involved. Whatever the merits of Disney’s motion, nothing justifies blatantly false reporting.

 

[Comped]

Does anyone know if the Reedy Creek ambulance crews are EMT's or Paramedics?

If they were Paramedics, they should have been able to put a tube down her throat to breath or perform an emergency tracheotomy to bypass the constricted throat.

The Firefighters Union says on their website that they're paramedics.

 

[Disney Analyst]