BEAUMONT – After a shopping car ran over her foot, Ercell Bowman sued Walmart – a lawsuit the mega-retailer believes belongs in arbitration.
Bowman, who was a Walmart employee at the time of her injury, filed a workplace injury lawsuit against the company on Oct. 18, 2019, court records show.
Two months later, Walmart filed a motion to compel arbitration, arguing that the company has a mandatory arbitration policy, which Bowman agreed to when hired.
On Jan. 31, Judge Kent Walston, 58th District Court, found that fact issues remain on whether a valid arbitration agreement exists between the parties.
Court records show Walmart has appealed, questioning whether Walston abused his discretion in denying its motion.
Bowman is asking the Ninth Court to dismiss the appeal for want of jurisdiction.
The Ninth Court of appeals has set the case for submission for briefs on Aug. 20.
Walmart is represented by attorney Jerry Fazio.
Bowman is represented by the Beaumont law firm of Weller, Green, Toups & Terrell.
Appeals case No. 09-20-00055-CV