BEAUMONT – Rather than try to arbitrate the case, Walmart has opted to settle a lawsuit brought by Ercell Bowman, who sued the mega-retailer after a shopping car ran over her foot.
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 appealed, questioning whether Walston abused his discretion in denying its motion.
Conversely, Bowman asked the Ninth Court of Appeals to dismiss the appeal for want of jurisdiction.
The Ninth Court set the case for submission for briefs on Aug. 20.
However, on Sept. 17 a memorandum opinion was issued stating the parties settled the case at mediation.
Justices granted Walmart’s motion to dismiss the appeal.
Attorney Jerry Fazio represents Walmart.
Bowman is represented by the Beaumont law firm of Weller, Green, Toups & Terrell.