Notice of appeal filed in fan lawsuit against WWE for use of pyro at WrestleMania 38

According to a new report by PWInsider, Marvin Jackson, who filed a lawsuit against WWE over alleged injuries that occurred while attending WrestleMania 38 in Dallas, which was dismissed last Tuesday, filed a notice of appeal with the Court back on May 11.

United States District Judge Mark T. Pittman sided with WWE’s request from this past February, that the lawsuit should be moved from The United States District Court to an arbitration hearing. The filing did not however, list what grounds Jackson is basing his appeal on.

Jackson filed a lawsuit against WWE back on January 12, 2203 before the District Court of Tarrant County, Texas alleging that he lost hearing in his left ear while he was an “invitee” to WrestleMania 38, due to a pyrotechnics blast that occurred as part of the production of for the show. In Jackson’s lawsuit, he requested a jury trial and monetary damages of over an amount of $1,000,000, which also includes damages of any kind, penalties, costs, expenses, prejudgment interest, and attorney’s fees.

The court had dismissed the lawsuit with prejudice, which meant that Jackson could not bring the lawsuit back to life before the same court.   

PWInsider also notes that Jackson’s attorneys had requested an oral hearing to argue their case before the court, but that was not allowed.

In his nine-page ruling dismissing the lawsuit, Judge Pittman had decreed that Jackson was under the legal agreement for the WrestleMania ticket purchase, even if though his nephew had purchased it for him.  This meant Jackson and WWE would have to go to arbitration.

Below, courtesy of PWInsider is Jackson’s original lawsuit:

“On or about April 3, 2022, Plaintiff attended WrestleMania 38 which was hosted by Defendant and located at AT&T Stadium, 1 AT&T Way, Arlington, Texas 76011.

Plaintiff was an invitee on the premises. Defendant was the occupier of the premises.

Plaintiff was seated next to the stage at the venue. When performance began, pyrotechnics went off. The blast from the pyrotechnics was so loud that it caused Plaintiff to
lose almost all hearing in his left ear.

No facts suggest that anything Plaintiff did or failed to do in any way caused or contributed to the incident or resulting damages.

Defendant failed to notify anyone or place any warnings to warn of the existence of the dangers associated with pyrotechnics.

As a result of the incident, Plaintiff suffered serious injuries.”

Below is what is in regard to WWE’s liability to what Jackson’s lawsuit claims (courtesy of PWInsider.

“Defendant is strictly liable for Plaintiff’s injuries arising from the pyrotechnic display because the use of pyrotechnics indoors constitutes an “abnormally dangerous activity” for the purposes of the common law rule that a party carrying on an abnormally dangerous activity is strictly liable for the damages caused thereby.

Due to the proximity of the pyrotechnics to the invitees, the indoor nature of the display, and the inherent danger of pyrotechnics, the degree of risk of harm to invitees was particularly high at WrestleMania 38. The likelihood of harm associated with those risks was commensurate with the risk. Though Defendant’s lack of reasonable care caused Plaintiff’s injury, Plaintiff asserts that no amount of reasonable care could eliminate risk that accompanies use of indoor pyrotechnics. The damage stemming from loud blasts from pyrotechnics was exacerbated by the closed atmosphere of an indoor facility like AT&T Stadium. The harm arose from the loud sound produced by the pyrotechnic blast.

While the use of pyrotechnic displays is commonplace on holidays at outdoor events, the use of deafening pyrotechnics in indoor facilities with echoing effects is an irregular practice and should not be considered a matter of common usage.

Moreover, the relative value of indoor pyrotechnic displays is marginal compared to the inherent risk it puts on crowded audiences in indoor facilities. The potential for harm by burns or deafening noise cannot be outweighed by the cosmetic effects of indoor pyrotechnics.”