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A Kennedys team secured an appellate victory for longtime client Miami Dolphins, Ltd., when a Florida appellate panel sent to arbitration a lawsuit attempting to hold the Miami Dolphins liable for injuries a woman suffered after a fight broke out in the stands during the Miami Dolphins v. Pittsburgh Steelers game in late 2022.
On April 9, Florida's Third District Court of Appeal reversed a Miami-Dade Circuit Court ruling that the Miami Dolphins, the defendants and appellants, could not compel arbitration in a case involving the fan’s personal injury.
The plaintiff attended the game with her boyfriend and mother, and she gained access to the stadium on the day of the game with electronic tickets her mother accepted from her employer. The plaintiff was injured at the Hard Rock Stadium during the game after a fight broke out among fans. The plaintiff argued that since she allowed her mother to act as her agent to access the ticket, she did not actually possess her ticket and she did not actively agree to be bound by the arbitration terms. The trial judge sided with her argument and denied Motion to Compel Arbitration.
A Kennedys team that included Partners Jedidiah Vander Klok and Alex Fumagali, along with Associate Sneh Patel, sought to enforce an arbitration clause within the digital ticket used to access the game. The team appealed the trial court’s order, which the Third District Court of Appeal reversed and remanded with orders to compel arbitration and stay the state court case.
In Miami Dolphins et al. v. Cameron Engwiller, case number 3D24-0605, the court ruled that although the plaintiff did not purchase the tickets, the arbitration clause was still valid.
"Allowing a guest patron to accept the benefits of an entrance ticket without regard to corresponding conditions would undermine this important public policy consideration and create an unworkable precedent, potentially disrupting any industry reliant on uniform ticket terms," the order said.
Insurance and reinsurance
Sport
United States