Rose Supper Club served lawsuit - WSFA.com: News Weather and Sports for Montgomery, AL.

Rose Supper Club served lawsuit

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MONTGOMERY, AL (WSFA) -

The Rose Supper Club is on the brink of closure.

After five years of litigation, a local attorney says he may be forced to lock the doors of the popular night club.

That's because he says club owners will not pay damages to his client who claims he was wrongfully beaten by security guards for stealing a woman's purse.

Attorney Landis Sexton says his client-who wishes to remain anonymous-tried to settle with owners of the Rose Supper Club for injuries he sustained from security guards more than six years ago.

When the club didn't pay, Sexton says his client filed a law suit. After years of multiple attempts to serve the Rose Supper Club that lawsuit.

"They contend they haven't ever been served. What actually happened was they were served several times by people delivering the process to them, they were also served by publication in the newspaper, and ultimately they were served in open court in front of the judge," says Sexton.

Sexton says because the club wouldn't respond, a default judgment ordered the owners to pay his client more than $2 million dollars.

"Only 3,500 dollars has actually been paid so far," he says.

If owners don't pay the full amount by March 1st, Sexton says a judge agreed to give him ownership of the club.

"In that case we would be free to go over there and close it."

WSFA 12 News attempted to contact the club's owner and his attorney. The owner did speak with us, but preferred to leave any comments to his lawyer. We left messages at the attorney's office and home, but have yet to hear from him.

Attorneys for the Rose Supper Club filed a motion just days ago claiming they didn't know they had been served and also asking the default judgment be dismissed.

Sexton only sees it as "just another attempt to delay."

Sexton says he doesn't want to close the club. In fact, he admits he has no ill will towards it and would gladly re-open it as soon as owners pay his client.

Copyright 2012 WSFA 12 News.  All rights reserved.

 

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