Two Men Take Roak to Court, Each Claiming Assaults on Premises of Upper Kirby Lounge

Categories: Courts

roak.jpg
Marco Torres
Roak: Trouble at the valet stand spells problems for the former funeral home.
Roak, the former Upper Kirby funeral home turned trendy, South Beach-esque oontz-oontz lounge, was taken to court twice last month. Alleged assaults on the premises figure in both cases.

On May 23, attorney J. Michael Moore asked for and was granted a temporary restraining order and a temporary injunction against the exclusive club in an effort to obtain security footage before it can be erased.

According to the suit and criminal court records, while waiting for the valet to bring his car, Moore's client was allegedly punched in the mouth by a man named Fabian Paul Castaneda. Castaneda has been charged in criminal court with aggravated assault causing serious bodily injury and is currently free on $30,000 bond.

According to the civil suit, Castaneda was highly intoxicated and caused Moore's client "severe, permanent injuries." The suit further contends that the club's security tapes could show Castaneda's consumption of alcohol, over-service of same and possibly even the assault itself, and, as such, constitute critical evidence.

A mere two days later, a second suit was filed. This one alleges that a Roak bouncer cracked open the head of a patron who got into a dispute with the club's valets.

According to attorney Justin Strother's pleadings, on May 2, his client and some of his friends were attempting to leave the club when it emerged that the valet had misplaced the plaintiff's keys. According to the suit, the bouncer (listed as John Doe in the suit) intervened and threatened Strother's client physically.

Strother has a fairly dramatic writing style, so we will give you his next statement of fact verbatim: "While walking away, it occurred to [his client that] without his keys, his problems was not limited to having no transportation; he realized that he did not have a key to his residence either. He turned back around. That was the last thing he remembered before regaining consciousness in an ambulance."

The suit goes on to claim that the bouncer surprised the plaintiff with a flying tackle that propelled his head into a wall at high velocity. The suit claims that the plaintiff was knocked unconscious, that his scalp was split open and that enough blood gushed from the wound to form pools on the ground. Strother's client was taken to Memorial Hermann hospital where his gash was stapled shut.

According to the suit, the wound has caused the man "incredible pain" and frequent headaches. He claims that he cannot bite down hard on food, and that he has been permanently disfigured "by the bad acts of the nightclub's bouncer," because hair will not grow back over the scar on his head.

John Doe is named in the suit, "until such time as plaintiff learns his true identity." Also named, as in the other suit, is GWV Kirby, LLC, the company that owns Roak. Strother's suit claims that it is liable for the bouncer's actions.

Strother's suit also alleges assault and battery, negligence and vicarious responsibility and seeks the repayment of his client's lost wages, his medical expenses, his lost wages, his loss of earning capacity, and mental, physical and exemplary damages.

Roak has yet to file a response.

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Roak On Kirby - CLOSED

3320 Kirby, Houston, TX

Category: Music

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21 comments
RemoveRacismHtown
RemoveRacismHtown

Jeff Barati and Andy Aweida are promoting racism at Roak on Kirby.

Against_HTown_Racism
Against_HTown_Racism

Kimber34.. Which Kimberly are you? Out of 5207 Roak's friends, there are 17 people named Kimberly.. Anyways.. you've done the plaintiff a huge favor by actually posting in the public, and thereby agreeing in open to the damage caused by your racist establishment. Your institution is committing crimes related to racial/gender/color discrimination only and it is high time that Roak On Kirby once again becomes the  funeral home' that it was rightly so. I am sure the people in command like Ray Mousavi and others from Kobain etc. are living in 1900s where they believe that they can openly discriminate against another human being. You people will be behind prison soon.. and that includes you as well KIMBER34.

Against_HTown_Racism
Against_HTown_Racism

Roak on Kirby is run by the same racist people from Nox and Diem Lounge on Washington. Ray Mousavi is the key person here who, time and again and again, has engaged in racial/color/gender discrimination at these businesses and instructed the same behavior to the bouncers. One of his bouncers from Nox, himself has revealed this sad truth. This bouncer/doorman is a Pakistani and Ray Mousavi himself is an Iranian who has brought Houston, TX to the brink of self-destruction by committing crimes related to racial discrimination. Roak on Kirby and similar businesses must be shut down. Does the City of Houston only cares about votes so they can get into office? If not, then please take strong action 'ON YOUR OWN' against these culprits practicing discrimination.

Jp
Jp

"Obvious, except to some" I guess you have to hang out with people who share that "sense of humor" to "get it". /not caring....

Harry
Harry

Bullshit!!!! Your club has loser bouncers, bartenders and door men that act uppity and smart ass. When in fact these losers could not afford the electricity bill at my house yet want to talk down to people me included. Just because I don't play your silly IN game gives your employees no right to talk down to me. My circle of River Oaks friends are of the same opinion as I when it comes to Roak.  Your club is one big fake ass crock. My dollars will never be spent there.

ReginaDupuis
ReginaDupuis

It's obviously a parody of the bar's owner, or patron of Roak. Obvious, except to some.

JPeditor
JPeditor

Can't wait till HP is subpoenaed for the keyboard commando's IP address.

Kimber34
Kimber34

We at Roak are law and order types. Do we party like Irishmen? Sure. Do we also work tirelessly like Irishmen to preserve a welcoming atmosphere for our patrons? Indeed we do. These two troublemakers were given the treatment their behaviour warranted. And I'm satisfied in telling you, Alecia Longsworth, that the injuries these delinquents sustained was no worse than an ordinary bar-fight, a bar-fight that happens ordinarily everyday and everywhere, and will continue to happen when youngsters drink far too much and then pose as smart-ass deviants who defy proper authority. A punch to the face and a cut on the noggin isn't much in the order of things, really. Especially when well-earned. And a note to the barrister chap, he of badly overwrought  prose: heads don't attain 'high velocity'. Bullets do.

mr. cheese
mr. cheese

with a name like 'Fabian' what else is one to expect????

de
de

should have partied over at #'s

DarlingtonHarb
DarlingtonHarb

I never know whether to choose ROAK or Hudson Lounge when I'm set for a great night out.

David Houston
David Houston

Another day in the life of posh Upper Kirby...  That place is about 1.5 miles from my home.

TOLDYA
TOLDYA

Another reason I don't go to bars anymore.

Al
Al

douche bar

RemoveRacismHtown
RemoveRacismHtown

You clearly have no shame in defending Jeff Barati and Andy Aweida for their racist and discrminatory practices also leading to sex trafficking at this funeral-home-turned-Roak-On-Kirby.

MadMac
MadMac

I guess it depends on the type of insult/injury you want.

Craigley
Craigley

Living under that 49 bridge must be noisy!

John Nova Lomax
John Nova Lomax

 At least if the Yelp reviewers are to be believed, Roak shares Hudson's "discerning" door policy.

MadMac
MadMac

But there's a show every night, I bet.

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