Alva Vanderbilt's 39th birthday present from her husband was a 140,000-square-foot summer "cottage" on the shores of Newport, Rhode Island.
14.08.2024 - 22:32 / insider.com
Disney asked a court to dismiss a wrongful-death lawsuit filed by a widowed husband because he signed up for a free trial of Disney+ and purchased tickets to its theme park, according to court documents.
Jeffrey J. Piccolo first filed the lawsuit on behalf of his deceased wife, Kanokporn Tangsuan, in Central Florida in February.
Court documents said Tangsuan died on October 5, 2023, from a '"severe acute allergic reaction" after dining at Raglan Road Irish Pub and Restaurant at Disney Springs, which is an outdoor shopping and entertainment complex at Walt Disney World.
Tangsuan had severe dairy and nut allergies, prompting their family to eat at Raglan Road Irish Pub and Restaurant because they believed it would have the "proper safeguards." Court documents said Tangsuan and Piccolo asked a staff member on "numerous occasions" if the establishment served allergen-free options, which they say a staff member confirmed.
But Tangsuan, a doctor from New York, was taken to a hospital after collapsing in Planet Hollywood, according to court documents. A medical examiner's investigation determined that her cause of death resulted from "anaphylaxis due to elevated levels of dairy and nut in her system."
"DISNEY failed to educate, train, and/or instruct its apparent agents at RAGLAN ROAD, including but not limited to, employees, waiters, waitresses, chefs, managers, workers, and/or cast-members to make sure food, indicated as allergen free on the menu and/or food requested to be made allergen free, was in fact free of allergens," a complaint said.
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Piccolo requested in excess of $50,000 in damages from Disney and the restaurant's operator, Great Irish Pubs Florida, Inc.
In response to the lawsuit, Disney argues that Piccolo must settle with them outside court because he created a Disney account through the Disney+ website in 2019.
Registering for the account involved agreeing to the "Subscriber Agreement" and Terms of Use.
"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," court documents said.
In court documents, the company said Piccolo accepted those terms again when he purchased theme park tickets online in 2023.
Disney said Piccolo's Terms of Use agreements mean they must settle the matter through arbitration, which is a process that uses a neutral third party to settle the matter outside court.
"... Piccolo ignores that he previously created a Disney account and agreed to arbitrate 'all disputes' against
Alva Vanderbilt's 39th birthday present from her husband was a 140,000-square-foot summer "cottage" on the shores of Newport, Rhode Island.
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The tonka bean, a wizened-looking South American seed, is beloved for its complex almond-vanilla scent, often appearing as an ingredient in perfumes. Outside the United States, it has also long been utilized by chefs, but studies have indicated that coumarin, a chemical compound in the plant, can cause liver damage in animals, and the Food and Drug Administration banned the bean in commercial foods in 1954. Now, with reports that the minuscule amounts used to impart big flavor are harmless (and the F.D.A. seemingly not particularly interested in enforcing the ban in recent years), tonka is showing up on dessert menus here. Thea Gould, 30, the pastry chef at the daytime luncheonette La Cantine and evening wine bar Sunsets in Bushwick, Brooklyn, was introduced to tonka after the restaurant’s owner received a jar from France, where it’s a widely used ingredient. Gould says the bean is an ideal stand-in for nuts — a common allergen — and infuses it into panna cotta, whipped cream and Pavlova. Ana Castro, 35, the chef and owner of the New Orleans seafood restaurant Acamaya, discovered tonka as a young line cook at Betony, the now-closed Midtown Manhattan restaurant. Entranced by the ingredient’s grassy, stone fruit-like notes, she’s used it to flavor a custardy corn nicuatole, steeped it into roasted candy squash purée and grated it fresh over a lush tres leches cake. And at the Musket Room in New York’s NoLIta, the pastry chef Camari Mick, 30, balances tonka’s richness with acidic citrus like satsuma and bergamot. Over the past year, she’s incorporated it into a silky lemon bavarois and a candy cap mushroom pot de crème and whipped it into ganache for a poached pear belle Hélène. “Some people ask our staff, ‘Isn’t tonka illegal?’” she says. Their answer: Our pastry chef’s got a guy. —