There has been a recent development in the lawsuit filed by Marvin Jackson over a hearing loss suffered at WWE WrestleMania 38.
As you may know, Jackson filed a lawsuit over the injury he suffered due to pyrotechnics at WrestleMania 38, which was dismissed back in May 2023 after the Honorable Court agreed to WWE’s motion that the matter be moved to arbitration. Jackson filed an appeal soon after.
Pwinsider is reporting that the US Court of Appeals for the Fifth Circuit has upheld the previous decision and the lawsuit was ordered back into the arbitration process.
Jackson alleged that he had lost hearing due to pyrotechnics at WrestleMania 38, where he was an “invitee.”
WWE had argued that fans had to check boxes before buying tickets online agreeing to the terms and provisions including agreements to enter arbitration over legal problems.
While Jackson maintained he had never agreed to the terms and conditions requiring arbitration by WWE as he was not the purchaser of the tickets to the event, the court agreed with WWE on the matter and dismissed the suit with prejudice, which means that the lawsuit cannot be re-filed in the same court.
Jackson sued WWE for hearing loss suffered from pyrotechnics at the event and sought over $1,000,000 in relief, including all damages, penalties, costs, expenses, prejudgment interest, and attorney’s fees.
In a recent development, the lawsuit filed by Marvin Jackson over a hearing loss suffered at WWE WrestleMania 38 has taken an interesting turn. Jackson had initially filed a lawsuit against WWE, claiming that he had lost his hearing due to pyrotechnics at the event. However, the lawsuit was dismissed in May 2023 and moved to arbitration. Jackson then filed an appeal, hoping to have his case reconsidered.
According to reports from Pwinsider, the US Court of Appeals for the Fifth Circuit has upheld the previous decision and ordered the lawsuit back into the arbitration process. This means that Jackson’s case will now be heard by an arbitrator rather than in a court of law.
The crux of Jackson’s argument was that he had suffered hearing loss as a result of the pyrotechnics used at WrestleMania 38, where he was an “invitee.” However, WWE countered this claim by stating that fans had to agree to certain terms and conditions, including entering into arbitration for any legal disputes, before purchasing tickets online.
While Jackson maintained that he had never agreed to these terms and conditions as he was not the purchaser of the tickets, the court sided with WWE and dismissed the lawsuit with prejudice. This means that Jackson cannot re-file the lawsuit in the same court.
It is worth noting that Jackson sought over $1,000,000 in relief, including damages, penalties, costs, expenses, prejudgment interest, and attorney’s fees. However, with the lawsuit now heading to arbitration, it remains to be seen what the outcome will be and whether Jackson will be awarded any compensation for his alleged hearing loss.
This case highlights the importance of carefully reading and understanding the terms and conditions when purchasing tickets for events. In this instance, WWE’s requirement for arbitration in case of legal disputes ultimately played a significant role in the dismissal of the lawsuit.
As the lawsuit moves into the arbitration process, both parties will have the opportunity to present their arguments and evidence before an arbitrator. The decision made by the arbitrator will be binding, meaning that both Jackson and WWE will have to abide by the outcome.
It will be interesting to see how this case unfolds in arbitration and what impact it may have on future lawsuits involving injuries or damages suffered at live events. As fans, it serves as a reminder to be aware of the terms and conditions we agree to when attending such events and the potential implications they may have in case of any legal disputes.