Gold Club, plaintiff resolve discovery issue before start of hearing

David Yates Jan. 30, 2012, 10:55am

Inside the Gold Club

In September, the Southeast Texas Record reported on Phillip Smith's suit against Gold Club, which alleged the exotic dancing establishment failed to handle a minor dispute without assaulting him.

On Monday, Jan. 30 Fannett Entertainment, doing business as Gold Club, and Smith resolved a discovery issue on their own volition before the start of their slated hearing, reaching a compromise before Judge Bob Wortham, 58th District Court, could step in and make a ruling.

Judge Wortham told the Record on that he often gives parties the opportunity to handle issues face to face before a hearing, because if he does make a ruling he sometimes orders the losing side to pay the other's attorney's fees.

Court records show that Smith filed a motion to compel answers to discovery on Jan. 10, asserting that Gold Club wasn't fully complying with discovery requests on the grounds that plaintiff was allegedly engaging in a "fishing expedition."

According to the lawsuit, filed Sept. 25 in Jefferson County District Court, on May 1 Smith was a patron at the Gold Club when bouncers "intentionally" caused him bodily injury.

The suit alleges Gold Club negligently failed "to train employees to handle minor disputes, such as the one in question in this case, without assaulting customers."

Smith is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Beaumont attorney Adam Terrell of Weller, Green, Toups & Terrell represents him.

Judge Bob Wortham, 58th District Court, has been assigned to the case.

Case No. A191-014

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