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SOUTHEAST TEXAS RECORD

Tuesday, April 23, 2024

Ninth Court asked to reverse MCM Elegante summary judgment win, hotel sued for rough elevator ride

Lawsuits

BEAUMONT – The Ninth Court of appeals has been tasked to decide whether to reverse a summary judgment ruling in favor of MCM Elegante – a hotel that was sued by a man claiming he experienced a rough elevator ride during his stay.

The lawsuit was brought by Darren Ceasar, who also sued the Schindler Elevator Corporation.

Ceasar claims the hotel has been plagued by elevator problems for at least the past five years, and that Schindler worked on the elevator just months before his stay on Aug. 13, 2017.

Ceasar claims the elevator carried him past the 7th floor and abruptly halted two feet above the 9th floor. The jarring stop caused him to fall, injuring his back and neck. Firefighters had to come and release the doors.

Court records show MCM Elegante moved for summary judgment, arguing that there was no evidence that it had no knowledge that the elevator was dangerous.

A trial court granted the motion for summary judgment and on April 4, 2019, Ceasar appealed.

Ceasar is represented by the Arnold & Itkin law firm.

Germer Gertz represents the hotel.

The case has been set for submission on briefs for Jan. 25.

The lawsuit was filed in Jefferson County District Court, case No. D-200813-A.

Appeals case No. 09-19-00102-CV

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