Dabbieri v. City Boy's Tire & Brake, Inc.
Annotate this CasePlaintiff Claudia Dabbieri filed a complaint at the Perry County circuit court naming Donald Wease, Alabama Cable and Fiber Repair, PDQ CATV, Inc., City Boy's Tire and Brake, Inc. (CBT), Continental Tire the Americas, LLC, and several fictitiously entities as defendants, asserting claims arising out of a motor-vehicle accident. CBT moved to dismiss the case for lack of personal jurisdiction. The trial court denied that motion, and CBT petitioned the Supreme Court for a writ of mandamus to direct the trial court to grant CBT's motion to dismiss. CBT is a Florida company, but operates a shop in Perry County. Plaintiff was driving a truck owned by Wease. Wease and Alabama Cable had all four tires on the van replaced. Plaintiff brought the van to CBT to replace the tires. Shortly thereafter, one of the tires failed, causing the van to leave the road and roll. Plaintiff sustained severe injuries. Later investigation would reveal that the tire failure was probably caused by tread separation which might have been caused by the improper sizing of the tires on the van. Finding that there was "limited evidence" that gave no indication that CBT "purposefully availed" itself of the protection of Alabama law, the Supreme Court granted CBT's petition and issued the writ.
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