Last January, Marvin Jackson who attended WrestleMania 38 as an invitee filed a lawsuit against World Wrestling Entertainment at the District Court of Tarrant County, Texas, alleging that a pyrotechnic explosion caused him to lose most of the hearing in his left ear.
On February 14th, WWE filed a request to move the case to the United States District Court for the Northern District of Texas, Fort Worth Division.
On February 24th, WWE filed a motion requesting that the matter be moved to arbitration. The company’s lawyers claimed that fans had to agree to the terms and conditions including agreeing to arbitration over any legal issue when purchasing tickets.
On March 17, Marvin Jackson’s lawyer argued that Jackson received the WrestleMania 38 ticket as a gift from his nephew. Therefore, he has never agreed to any terms and conditions.
Both sides submitted supplemental material on the matter as per ordered by the court. On May 9th, United States District Judge Mark T. Pittman granted WWE’s motion and dismissed the lawsuit with prejudice.
“CONCLUSION
Because the Court finds that Jackson is subject to the Arbitration Agreement and there is no real dispute by Jackson’s injury falls within the Arbitration Agreement’s scope, WWE’s motion to compel arbitration is GRANTED.1 This action is DISMISSED WITH PREJUDICE in favor of arbitral proceedings to be instituted by Jackson against WWE, as provided for in their Arbitration Agreement. See Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5th Cir. 1992) (upholding dismissal with prejudice of claims when all the party’s claims were subject to arbitration). A final judgment will issue by separate order.
SO ORDERED on this 9th day of May 2023.”
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