Daw
Before a Monday hearing could start, a motion to quash was squashed in a suit alleging a Gold Club bouncer exceeded the limits of his job duty by sucker punching Johnathan Osborne.
As previously reported, Osborne filed his suit against Fannett Entertainment, doing business as Gold Club, and club employee Caleb Britt on Feb. 6 in Jefferson County District Court.
Court records show that on May 30 Osborne filed a motion to quash the subpoena of records request for Osborne's employer, American Valve & Hydrant.
The motion states defendant Britt's request was not necessary since Osborne is not suing for loss of wages.
A hearing on the matter was slated to be held June 11. However, a court official told the Record the parties settled the dispute out of court and the motion had been withdrawn.
The lawsuit alleges that on Dec. 31 Osborne and his girlfriend, a Gold Club employee who was not working the night of the incident, were at the establishment for New Year's Eve.
Osborne and his girlfriend "got into a small argument" and he was forcefully removed from the club. While outside, Gold Club employees verbally and even physically attacked him.
"Osborne was 'sucker punched' by Caleb Britt, an employee of Gold Club," the suit states.
"Plaintiff was knocked to the ground, suffering a nasal fracture, concussion, brain and head injuries ... as a result of Caleb Britt exceeding the limits of his job duties."
Gold Club is accused of negligently failing to hire and train its employees and handle minor disputes non-violently.
Beaumont attorney John Morgan represents Osborne.
Houston attorney Willie Daw III represents Britt.
Judge Milton Shuffield, 136th District Court, is assigned to the case.
Case No. D191-878