Judge delays part of civil action against ex-politician accused of sexually assaulting teen
A judge has temporarily suspended civil proceedings against Alan Moran and his company in a lawsuit by a Hancock county couple over their minor son’s claims that he was sexually assaulted at work by the ex-politician.
However, Judge Randi Mueller ordered pre-trial action to proceed in the same case against the defendant, Philip’s Pest Control Co. LLC, a company owned by Moran’s father, state Sen. Philip Moran.
Attorney David Baria is representing the Hancock County couple who filed the lawsuit against Moran, his company, A&M Foam Spray Insulation LLC, and his father’s company.
Baria went before the judge Thursday, arguing against a request by Alan Moran’s attorney, Donald Rafferty, to suspend action in the civil case against Moran and his company pending the resolution of the criminal case.
Attorney Charles Wimberly represented Sen. Moran’s company.
In the civil suit filed in Hancock County Circuit Court, the teen’s parents claim that Alan Moran committed assault and battery, false imprisonment, and intentional infliction of emotional distress on the couple’s then 17-year-old son on Valentine’s Day in Hancock County.
As part of those claims, the couple alleges that Alan Moran’s behavior was part of a pattern of sexual abuse against young male employees who are minors, and, therefore the pest control company and A&M Foam Spray LLC are liable for gross negligence and negligence for failing to stop the alleged abuse.
‘Negative impact’ on criminal case?
At the hearing, Rafferty said any testimony his client could give in the civil matter at this time could have an “enormous negative impact on his criminal matter.”
The criminal matter, Rafferty said, takes precedence over the civil litigation. Still, Baria noted Moran could invoke his fifth amendment privilege against self-incrimination when each question is asked if he feels that is needed.
“It is concerning that 30 days after the alleged incident, they are filing a lawsuit on damages and alleging they suffered some type of economic loss or injury that they should be compensated for,” Rafferty also told the judge, adding, “and ... my client is fighting for his life to stay out of jail.”
The suit was filed shortly after Moran’s initial Valentine’s Day arrest on misdemeanor charges of simple assault and contributing to the delinquency of a minor for alleged crimes against the couple’s son.
Hancock County sheriff’s deputies later arrested Moran on an additional felony charge of touching a minor for lustful purpose. Grand jury action is pending in the case.
Wimberly tried to get the civil action against Sen. Moran’s company stalled because the company is owned by Moran’s father.
However, Baria noted, and the other attorneys acknowledged that a corporate entity like the two targets in the civil litigation could bring in or hire a representative to answer the questions in the civil litigation so it can continue to proceed.
“I’m trying to break this log jam so I can get the depositions I need so I can get my (civil) case ready for trial,” Baria told the Sun Herald after the hearing. “I think these defense lawyers are trying to avoid presenting their clients for depositions, and they are using the fact that Alan Moran is under criminal (investigation) for the delay.”
Not an employee of the pest control company?
At the time of the arrest, authorities said Moran was working as a manager at the pest control company his father owns.
However, Rafferty said Thursday that Alan Moran did not work for the pest control company at the time of his arrest.
The charging documents in the case paint a different picture.
In the affidavits filed in March 2022, Moran is identified as a “person of trust” over the alleged victim because Moran was the teen’s “employer at the time.”
The records also clearly say the minor was “under Alan Joseph Moran’s direct supervision,” as the teen was “driving Moran’s mosquito spray truck, conducting mosquito control operations,” and Moran was in the passenger seat directing the teen at the same time.
Alan Moran has also been repeatedly identified as a manager at Philip’s Pest Control on the company website before and immediately after his arrest. However, that information has since been removed.
In addition, Alan Moran is identified as the manager of the pest control company on reports and invoices submitted to Hancock Count supervisors for years for the now defunct mosquito control contract Hancock County had for years with the pest control company.
Rafferty said he expects to be questioned on that exact information but believes he will be able to show that Alan Moran was not working for Philip’s Pest Control at the time of the Valentine’s Day encounter.
Judge Mueller considered the argument before later issuing the order.
