New Briefs Filed In WrestleMania 38 Fan Injury Lawsuit

A new report has updates on the lawsuit from a fan over hearing loss suffered at WrestleMania 38. As previously reported, Marvin Jackson sued the company alleging that he lost hearing due to pyrotechnics at last year’s PPV, where he was an “invitee.” WWE had filed a motion asking that the situation be moved to arbitration, arguing that fans had to check boxes before buying tickets online agreeing to the terms and provisions which included agreements to enter arbitration over legal issues. Jackson had asked the court to deny the motion for arbitration, stating that his nephew got the tickets and that he had neither accepted nor was bound by the terms & conditions put forth by WWE.

According to PWInsider, the court told both sides to submit supplemental material by Friday arguing for their requests regarding arbitration. WWE filed a brief that argued how a separate court case that involved a cruise line set a legal precedent. A court sided with the cruise in that lawsuit, which had a the woman suing claim that she never entered into an agreement with them because her daughter had made the bookings and checked her in.

In his filing, Jackson argued that even if WWE meets the burden of proof that it should go to arbitration, he had “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.” He noted that previous Supreme Court rulings favored his argument, and asked for an oral hearing to argue the matter. The court has yet to make a ruling.