The Ohio 6th District Court of Appeals agreed with a Lucas County Common Pleas Court judge in denying a request from Toledo restaurateur John Skiadas for a new trial in his civil lawsuit against Mayor Carty Finkbeiner.
Mr. Skiadas appealed the decision of Judge Charles Wittenberg, who rejected his request for a new trial in February, 2005.
Mr. Skiadas, who owns Pepe s Mexican Restaurant on Sylvania Avenue, sued Mr. Finkbeiner over an altercation July 14, 2000, in the Erie Street Market, where Mr. Skiadas was opening a new restaurant. Judge Wittenberg ruled in November, 2004, that Mr. Finkbeiner didn t assault Mr. Skiadas, and there was a lack of evidence to substantiate his claim that he suffered injury or emotional distress.
The case was decided by the judge instead of a jury after attorneys did not meet the deadline to deposit a fee to secure a jury. Mr. Skiadas asked for the new trial on the jury issue, claiming his constitutional rights were denied. Yesterday, the appellate court released a decision that affirmed Judge Wittenberg s ruling.