Bite Entertainment, LLC d/b/a Urban Air South San Antonio; UATP Management, LLC d/b/a Urban Air Adventure Parks; UATP IP, LLC; UA Attractions, LLC; and Allen Van Brocklin v. Jason Rene Treviño Jr. and Cassandra Nicole Lara, Individually and as Next Frieds of J.T., a Minor (No. 04-23-00146-CV; April 3, 2024) arose from an accident in a trampoline park in which a minor suffered a broken arm. A friend of Plaintiffs’ electronically signed a release and indemnification agreement on behalf of his family members, as well as the minor and his father. That agreement contained an arbitration provision. After Plaintiffs sued defendants for the minor’s injury, Urban Air moved to compel arbitration. The trial court denied the motion. Urban Air appealed.
In an opinion by Justice Alvarez, the court of appeals affirmed. Plaintiffs asserted that they were not bound by the arbitration provision because Urban Air failed to prove that the agreement came into existence. They further argued that they did not authorize their friend to sign the agreement on their behalf. The friend who allegedly signed the agreement testified that he didn’t remember signing it. When presented with a copy of the agreement with a streak mark in the signature box, the friend testified that it was not his signature and he did not sign. According to the court, “the trial court’s role was to determine the weight and credibility of the witness testimony [so] it could have believed [the friend’s] testimony that he did not sign the Agreement and concluded that no contract was formed” (citation omitted). Plaintiffs thus presented “some evidence—though contradicted—to support the trial court’s implied finding that the Agreement was never formed.” Consequently, the court could not conclude that the trial court abused its discretion in denying the motion to compel. The court did not reach Defendants’ apparent authority or direct benefits estoppel arguments, which were remanded to the trial court.
