Felix Upton on April 30, 2023
WWE has faced many lawsuits over the years, and they have needed to defend their name in court before. This time they’re in the hot seat because the fireworks they used at WrestleMania might have had too much boom in them.
PW Insider reported an update on a lawsuit going on between a fan and WWE over WrestleMania 38. This fan claims that he lost his hearing thanks to the pyro. Now, he wants paid, and he’s asking for $1,000,000.
As we previously reported, Marvin Jackson filed a lawsuit against WWE on 1/12 before the District Court of Tarrant County, Texas alleging that he lost hearing in his left ear while an “invitee” to WrestleMania 38 due to a pyrotechnics blast that occurred as part of the WWE production. Jackson’s lawsuit requested a jury trial and was seeking monetary relief of more than $1,000,000, including damages of any kind, penalties, costs, expenses, prejudgment interest, and attorney’s fees.
WWE filed a request on 2/17 to have the lawsuit moved to the United States District Court for the Northern District of Texas, Fort Worth Division. WWE has since filed a motion requesting that the matter be moved to arbitration. On 2/24, they argued to the court that before any purchase of Wrestlemania tickets could be made online, fans had to check several boxes, in effect agreeing to the terms and conditions of the ticket purchase at AT&T Stadium, which included agreeing to enter arbitration over any legal issues.
The court ordered each side to file supplemental material arguing their sides on the potential arbitration by the end of the day yesterday, so the court could consider the matter. WWE used an example of another court case involving a cruise line, and the court sided with the cruise line when a woman sued, claiming she had never entered into an agreement with them because her daughter had made the bookings and checked her in. WWE claimed that sets a legal precedent.
Marvin Jackson’s attorney argued that even if WWE is able to meet the burden of proof that it should go to arbitration. It was stated that Jackson “put forth sufficient evidence to create genuine disputes of material fact as to both: (1) his notice of the arbitration agreement; and (2) Jackson being considered a third party beneficiary”, including that previous Supreme Court rulings favored his argument.
It is also reported that, “Jackson’s attorneys have also requested an oral hearing to argue their case before the court. Due to the late filing, the court has yet to consider make a ruling.” This is not an open and shut case, and the court still needs to decide on the matter.
We’ll have to see how this lawsuit turns out. Obviously, WWE isn’t going to let a case like this go without a fight, and they have a ton of legal tricks up their sleeves as well. In the meantime, keep checking back with Ringside News for more.
What’s your take on this situation with another WWE lawsuit? Sound off in the comments!
April 30, 2023 12:33 pm
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