Mainstay Suites' motion to designate third party granted
Mainstay Suites recently had its motion for leave to designate a responsible third party granted, successfully arguing that the individual who assaulted plaintiff Aaron Penn is the party responsible for his injuries.
Penn, a Louisiana resident, filed suit against Pleasure Hospitality (Mainstay Suites) on Aug. 4 in Jefferson County District Court, alleging the Port Arthur motel should have been aware of criminal activity on its premises.
According to the lawsuit, on Feb. 27, 2010, Penn was staying at Mainstay Suites when a man identified as Donald Paul "brutally assaulted and battered" him.
Mainstay filed its motion on Sept. 6, arguing that Paul, who was not a motel employee, was the one who assaulted Penn and is thereby responsible for his injuries.
On Dec. 15 Judge Bob Wortham, 58th District Court, granted the motion, designating Paul as a responsible third party, court records show.
Penn alleges in his suit that Mainstay should have been aware of criminal activities on its premises and warned him of the dangers.
The plaintiff is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.
Beaumont attorney John Lane of Provost Umphrey represents him.
Houston attorney Michael Johnston represents the motel.
Case No. A190-637