Texas Partner Obtains Arbitration Ruling for Trampoline Park Franchisor

Houston Partner Jennifer R. Grillo recently prevailed for our client, a national franchisor of trampoline adventure parks, in a four-day arbitration hearing involving a case in which Claimant alleged injuries after participating in an attraction at a franchisee owned and operated adventure park.

In the underlying lawsuit, an adult visitor of our client’s franchised adventure park was actively participating in an activity involving two participants standing on a beam over a foam pit where the goal is to knock the other participant off the beam and into the pit. During the activity, Claimant fell into the foam pit and claimed she suffered multiple injuries to her neck and back. Claimant subsequently filed suit against our franchisor client and the franchisee owner operator of said adventure park, seeking damages for medical expenses related to her treatment and surgeries, pain and suffering, mental anguish, physical impairment, disfigurement and loss of income. Claimant asserted claims of negligence, violating the Deceptive Trade Practices Act (DTPA), common law fraud, products liability, and gross negligence. Additionally, Claimant’s spouse filed suit for loss of consortium.

During the arbitration proceedings, both our franchisor client and the franchisee defendant asserted the defense of waiver; however, Claimant argued that although she signed a waiver before participating in the activity, the kiosk screen malfunctioned and caused the waiver to display improperly, preventing her from fully reviewing the terms prior to signing the waiver.

The arbitrator ruled in favor of our client, awarding zero damages to Claimant, and also included an order for Claimant to pay a portion of our client’s legal fees.

Jennifer R. Grillo is a seasoned litigator and trial lawyer who represents businesses with emphasis on personal injury matters, including catastrophic injury, traumatic brain injury, wrongful death and dram shop claims. Her representative experience includes trucking and motor vehicle accidents, criminal acts of third parties, and premises liability involving apartments, restaurants and commercial properties.