Disney is pushing to stop a wrongful death lawsuit filed on behalf of a customer with food allergies who died after eating at Disney Springs, arguing the plaintiff created a Disney+ account requiring him to resolve disputes with Disney affiliates through arbitration. 

Plaintiff Jeffrey Piccolo of New York filed the case against Walt Disney Parks and Resorts (WDPR) in February in the Ninth Judicial Circuit Court in Orange County. Piccolo’s wife, physician Kanokporn Tangsuan, died last October after eating a meal at the Raglan Road Irish Pub in the Disney Springs dining, shopping and entertainment venue.

The original complaint alleged that the Walt Disney website contains references to the restaurant’s “allergen-free food,” and Piccolo and Tangsuan explained to restaurant employees about Tangsuan’s need to avoid nuts and dairy because she was severely allergic to them. After dinner, she collapsed as a result of anaphylaxis due to consuming high levels of dairy and nuts, according to the lawsuit.