A notice of intent to dismiss for want of prosecution has been filed in a suit brought over an alleged physical assault that transpired at the Dixie Dance Hall.
Plaintiff Daniel Brack filed suit against the Dixie Dance Hall, The Dixie Dance Hall Ltd. and Crockett Street Entertainment Inc. on Aug. 13, 2014 in Jefferson County District Court.
A month later, on Sept. 17, 2014, an amended petition was filed, naming Beaumont Entertainment as a defendant.
On Oct. 16, 2014, Beaumont Entertainment answered the suit, asserting a general denial, court records show.
The notice of intent to dismiss for want of prosecution was filed July 22 and states the parties failed to show for a Rule 166 hearing.
The case was set to be dismissed on Aug. 19 but no record of an order to dismiss for want of prosecution is on file as of Aug. 22, court records show.
According to the complaint, Brack was at the Dixie Dance Hall on Dec. 28, 2013, when he was assaulted and seriously injured. It was a busy Friday night with about 150 people inside the establishment at the time of the alleged attack.
He was approached by a hostile man who hit him in the face, put him in a headlock and choked him. Brack screamed for help but no one responded, the suit alleges.
The bar employees watched but did not intervene. Brack says he was taken to a hospital where he underwent surgery to treat his injuries.
According to the suit, there was only one security staffer on duty the night Brack was allegedly attacked.
The suit accuses the defendants of negligence for failing to properly hire, supervise and train employees, and gross negligence for allegedly failing to ensure the facility was reasonably safe for patrons.
Brack is seeking no more than $1 million to compensate for medical expenses, physical pain and suffering, mental anguish and loss of earnings. He also seeks punitive damages and court costs.
Attorney John Pat Parsons of Lindsay, Lindsay & Parsons in Beaumont, represents Brack. They seek a jury trial.
Case No. A-195977