Former City Councilman Algin Merritt On June 14, 2010, Teriance Williams of Bainbridge, as plaintiff, filed a civil suit for damages for personal injury and for punitive damages and to abate a nuisance against Algin R. Merritt and Leroy Bush, each individually and collectively D/B/A “Top Road Fun House” as defendants.

The claim for relief had 41 parts including that defendants Algin R. Merritt and Leroy Bush are owners and operators of a business in the City of Colquitt known as the Top Road Fun House. The partnership of defendants establishes a knowledge and/or consent of the decisions made by each partner individual as well as collectively.

The business is for profit and advertises to attract young people.

On the night of January 23, 2010, and in the early morning hours of the following day, defendant Merritt was personally present on the premises and was supervising the operations of the business.

Former Board of Education Chairman Leroy Bush According to the claim, Merritt allowed more than 300 paying customers on the premises at one time. He, Merritt, failed to provide properly trained and adequate numbers of security personnel to control the crowd he admitted into the business. He hired at least one convicted felon as security guard. He allowed customers, including minors to bring alcoholic beverages on the premises. The claim stated that the “club” or dance hall is not licensed for sale or consumption of alcoholic beverages on premises.

The claim stated that the defendants failed to exercise ordinary care to prevent customers, including minors, from bringing in weapons, including knives, onto the business premises.

In the early morning of January 24, 2010, plaintiff, Terrance Williams was stabbed by another customer of the defendants.

Williams stayed in ICU for a week, being treated for the stab wounds.

According to the claim, Williams has suffered physical and mental pain resulting in the attack in Merritt’s and Bush’s Top Road Fun House.

Many other claims against Merritt and Bush were presented.

On the prayers for relief, the plaintiff, Williams, asks to be awarded damages in the sum of $1,000,000.00 with interest and costs of court and losses with punitive damages in the sum of $250,000.00 to punish the defendants. The relief also asked for a mandatory temporary and permanent injunction to abate the nuisance of The Top Road Fun House and to close the business permanently. A jury trial was demanded by attorney for plaintiff, Eric L. Gay.

Both Algin R. Merritt and Leroy Bush were served with the complaint for damages for personal injury and for punitive damages and to abate a nuisance by Miller County Sheriff’s deputies.

The affidavit stated that defendant Leroy Bush was served on June 17, 2010, but he failed to file a response to the charges on or before July 17, 2010, causing the defendant to be in default. No response was filed on or before August 1, 2010.

Defendant Algin R. Merritt was served on June 25, 2010, but he failed to filed a response to the charges on or before July 20, 2010, causing the defendant to be in default. No response was filed on or before August 9, 2010.

On August 10, defendant Merritt did file an answer to complaint.

Since both defendants failed to file a timely answer, a motion for default was filed on August 12, 2010.

On August 12, 2010, Superior Court Judge R. J. Lane issued an entry of default against both defendants Algin R. Merritt and Leroy Bush.

The entry of default ordered and adjudged that both defendants, Merritt and Bush are liable for damages to plaintiff Teriance Williams as generally claimed and set forth and a hearing be set to determine damages along with costs of this action.

Merritt served several terms as city councilman until he was recently removed for alleged ethics violations.

Bush served as chairman of the Miller County Board of Education until this year when he was not re-elected as chairman. He still serves as a school board member.