HOUSTON - Part of a case of a young girl hurt at a Beaumont trampoline park must proceed in arbitration, an appeals court has ruled, despite the girl not signing away her right to sue in open court.
Her mother did when they arrived at Urban Air, however, the 14th Court of Appeals ruled on Sept. 12. That decision followed a nearly identical case against Pearland Urban Air that was decided by the same court in February.
"K.G. is a minor and did not sign the agreement but (her mom Chiniqua) Geter signed the agreement on her behalf and represented she had authority to do so," the court wrote.
"K.G. directly benefitted from the agreement by entering the Urban Air premises and participating in activities, including jumping on the trampolines. K.G. was only allowed to enter and enjoy the premises on the condition that the agreement was first signed.
"K.G. may be compelled through direct-benefit estoppel to arbitrate her claims."
Geter had argued the Pearland Urban Air decision was wrong and didn't attempt to distinguish her case from that one. The 14th Court of Appeals said it was bound to follow its first ruling.
However, Geter sued several other entities that weren't named in the arbitration agreement, and those claims will proceed in court. She alleges negligence and product liability on their parts.
Geter sued Beaumont Adventure Park Urban Air and eight entities and individuals in February in Fort Bend County. The suit says on March 19, 2021, K.G. was bouncing on a trampoline at Urban Air's dodgeball section.
"(S)uddenly and without warning she was either double bounce or knocked over by anther child, causing her to land on a hard surface," the complaint says.
The suit called it a "malfunction of the trampolines." Named as a defendant is their maker, Fun Spot Manufacturing.
Mark Poling of Poling Law in San Antonio represents the Geters.