Local Businessmen Exonerated in Lawsuit
On April 13, visiting Superior Court Judge Robert F. Moody, through a process known as a “directed verdict,” issued a judgement in favor of the defendants in the $37 million dollar lawsuit filed against several local business owners.
Kevin Short of Glendale, and his Southern California law firm, filed the suit in 2016 against the Pizza Factory and RJL Investments (Ron Willey), Floyd Davis Engineering, San Joaquin Stairs, S & S Electric, Daniel Wainwright (doing business as the Vernal Group-architects), Steve Sparks of Sparks Grading and Paving, and Alpine Builders (Dave Gerken).
Reportedly, Short claimed he fell off the curb in front of the Pizza Factory and sustained a broken foot, broken arm, and brain trauma.
Through the directed verdict, Judge Moody took the case back from the seated jury and made the decision.
According to Brad Post, the attorney representing Alpine Builders, the judge could enact a directed verdict, “if the facts are such that no reasonable jury could reach a different conclusion.”
Post explained that during the trial, a medical doctor testified that Short could not have traveled the 75 feet from the front door of the Pizza Factory to where he was discovered by EMTs, between two parked vehicles, considering the physical condition he was in.
Reportedly, it was also revealed that Short was very intoxicated.
During the course of the trial, the plaintiffs had set aside their claims against Davis Engineering, the Vernal Group and Spark Grading.
According to Post, the judgement for the defense means the case can’t be renewed, short of appeal. “I’ll bet you they will appeal it,” Post said.