Defeating Arbitration and Securing Expedited Trial for Elderly Assault Victim

In a significant victory for elder rights, The Ryan Firm successfully opposed a motion to compel arbitration brought by corporate defendants ABC Phones of North Carolina (d/b/a Victra), A2Z Wireless Holdings Inc., and Verizon (collectively “Verizon”). Our 88-year-old client, Marlene Bajak, was physically assaulted by a store employee, causing severe and life-threatening injuries – all of which was caught on video.  Verizon attempted to use their cell phone contract with Ms. Bajak to argue that her claims must be resolved out of court and outside the presence of a jury. Due to the broad language of the cell phone contract and the pro-arbitration bias under current law, there was a very strong chance that Ms. Bajak would be forced into arbitration.  The Ryan Firm was able to show that the agreement provided to the court was not the agreement in place at the time of the assault, and further that Verizon was not able to produce proof that Ms. Bajak reviewed and accepted the cell phone contract.  Thus, the court denied Verizon’s motion in full, finding no valid arbitration agreement applied to Ms. Bajak's claims. Simultaneously, the Court granted Ms. Bajak’s motion for trial preference, recognizing the urgent need for an expedited trial due to Ms. Bajak's advanced age —ensuring she can pursue justice while still competent and alive.  Trial is set for March 20, 2026.

This triumph underscores The Ryan Firm's commitment fighting at every step of the way – no matter the odds.