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Trip & fall claim not subject to pawn transaction agreement, justices find

SOUTHEAST TEXAS RECORD

Saturday, November 23, 2024

Trip & fall claim not subject to pawn transaction agreement, justices find

State Court
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HOUSTON - Cash America Pawn will have to face a trip and fall lawsuit as the Fourteenth Court of Appeals today concluded the premises liability claim is not subject to an arbitration provision contained within a pawn transaction agreement. 

Court records show Victoria Meza filed suit against Cash America Pawn. 

According to the opinion, In 2017 Meza went to a Cash America, where the parties mutually agreed that she would pawn two nail guns for two hundred dollars. The agreement was reduced to writing, and the writing contained an arbitration provision. 

Two years later, in 2019, Meza visited a different Cash America location and tripped and fell while shopping for a trailer. 

Court records show Cash America moved to compel arbitration, arguing that Meza’s premises liability claim was subject to the parties’ previously executed arbitration agreement. The trial court denied the motion and Cash America appealed. 

The 14th Court found no connection between Meza’s premises liability claim and her earlier agreement with Cash America, concluding that the trial court was not required to send the case to an arbitrator pursuant to an arbitral delegation clause.

“These were two completely discrete events,” the opinion states. “In fact, by the time that the premises liability claim arose, the earlier pawn transaction had concluded because both parties had already fully performed under their contract.”

Case No. 14-21-00634-CV

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