Topless Dancer Won't Be Performing for a Texas Jury
The Dallas Court of Appeals recently ordered an exotic dancer to take her claims off the courtroom stage. Joy Lantrip, who performs on stage as "Goldy" sued Buck's Cabaret in March of 2017 after she alleges that she drank too much at work, banged a guardrail, and had her leg amputated as a result of her intoxication. Goldy alleges that the establishment was responsible for her single-vehicle accident because Buck's failed to use reasonable care in serving her with alcohol. Goldy alleges that a reasonably prudent nightclub would have called the cops on her before allowing her to drive home.
In response, Buck's moved to compel Goldy to assert her claims in arbitration based on the terms of a "Dancer Performance Lease," which contained a mutual agreement to arbitrate “ANY CONTROVERSY, DISPUTE, OR CLAIM … ARISING OUT OF THIS LEASE OR OUT OF ENTERTAINER PERFORMING AND/OR WORKING AT THE CLUB AT ANY TIME.” The trial court denied Buck's motion, and an appeal followed.
In this case, the parties fought over whether Goldy's claims fell within the scope of the arbitration clause found within the Dancer Performance Lease. When determining whether claims should be brought in arbitration, courts are obligated to review the factual allegations of the plaintiff, and to resolve any doubt in favor of arbitration. When ordering Goldy to bring her claims in arbitration, the Dallas Court of Appeals noted: "Focusing....on... the petition’s factual allegations, including an allegation that Buck’s required her to drink alcoholic beverages, and resolving any doubts in favor of arbitration, we conclude her claims fall squarely within the scope of the Lease’s arbitration provision."
Opinion linked here