BEAUMONT – A plaintiff’s assertion that gross negligence is always inappropriate for summary judgment is “an absurd proposition,” says MCM Elegante Hotel in a recently filed court document.
Seeking more than $1 million in damages, Darren Ceaser filed suit against MCM Elegante and Schindler Elevator on Oct. 12, 2017 in Jefferson County District Court.
According to the lawsuit, on Aug. 13, 2017, Ceaser was a guest at MCM Elegante. He was allegedly injured while riding an elevator when it failed to stop on the seventh floor and slammed into the top of the elevator shaft floor above.
The elevator became stuck and the panic button failed to work. Ceaser was forced to call 911 from his cell phone. The fire department arrived half an hour later.
In his suit, Ceaser alleged gross negligence and sought punitive damages.
Court records show MCM Elegante was granted summary judgment on Ceaser’s gross negligence claim, prompting him to file a motion for reconsideration.
MCM Elegante responded to the motion on March 15, asserting the court correctly held that not fact issue exists as to whether it had any actual knowledge that the elevator posed an unreasonable risk of harm and the Ceaser’s claims lie in premises liability, not negligent activity.
“Finally, the assertion that gross negligence is always inappropriate for summary judgment is an absurd proposition that stands in direct contradiction to established precedent, and this court appropriately granted MCM Elegante summary judgment on plaintiff’s gross negligence claim, accordingly,” the motion states.
Ceaser is also suing for his pain and actual damages.
He is represented by Kurt Arnold of Arnold & Itkin in Houston.
MCM Elegante is represented b Germer attorney Karen Bennett.
Judge Baylor Wortham, 136th District Court, is presiding over the case.
Case No. D-200813