Austin Reilly et al. v. Foothill Pizza
Plaintiff, Austin Reilly sued Foothill Pizza, Inc. dba Domino’s Store #8174, and one of its delivery drivers (Michael Parker) alleging vicarious and direct liability. Reilly’s parents also sued for Intentional Infliction of Emotional Distress (IIED), though their claims were dismissed by way of nonsuit following openings. All three plaintiffs asserted punitive damages.
The Plaintiff was having a party in his garage/room with his friends on the evening of the incident. He ordered pizza from Foothill Pizza for himself and his friends. The pizza was delivered by Parker, who, according to Plaintiff, was several hours late. After Parker gave the pizza to the Plaintiff, Plaintiff asked Parker to leave. He claimed that Parker refused. Instead of closing the door on Parker, Plaintiff began kicking at him to get him off the property. Plaintiff’s friends, who numbered at least 15, followed Plaintiff down the driveway and onto the street. Once there, Plaintiff could be seen on a surveillance video lunging at Parker, who attempted to back up numerous times. Parker, in self-defense, used a box cutter to protect himself, cutting Plaintiff on his neck, hands, and wrist.
During trial, defense counsel presented contradictory evidence and successfully impeached Plaintiff. While the primary issue was self-defense, the jury determined that Plaintiff did not establish any evidence to support his claims for negligence, assault, battery, or IIED. The jury reached a unanimous verdict for the defense.