M. Al-Sheik v. Galaxy Motors, LLC, et.al. Mobile County Circuit Court Case Number: CV 2010-902312

Type of Case: Motor Vehicle Accident/Defective Tires Facts: This legally complex case started on January 24, 2009 when Mr. Al-Sheik was seriously injured while a passenger in a single vehicle accident. The driver was test driving a car from the car lot of Galaxy Motors and Mr. Al-Sheik had agreed to accompany the driver as a favor to the owner/operator of Galaxy Motors who was Mr. Al-Sheik’s cousin. The driver of the vehicle lost control on a wet road while either accelerating or attempting to negotiate a sharp turn and crashed into a tree. Mr. Al-Sheik suffered a broken ankle, broken femor, fractured wrist and elbow in the collision. His injuries required multiple surgeries and resulted in permanent impairments and restrictions. [Despite his serious injuries and extensive medical care Mr. Al-Sheik, who was an engineering student at the time of the collision, was able to complete his course work for that semester and graduate.] The insurance company for Galaxy Motors initially denied the liability claim of Mr. Al-Sheik claiming he was an employee and therefore barred from making a liability claim. Knox Boteler and Mark Wolfe of Boteler, Finley & Wolfe were retained to present and prosecute a liability claim for Mr. Al-Sheik. Knox was able to defeat the assertion of “workers’ compensation immunity” and the case proceeded through the litigation process on the theory that Galaxy Motors violated Alabama Code Section 32-5-210(a)2 which requires safe tires on cars being offered for sale in Alabama. The issue in the case was whether or not the tires were “safe.” And, even if they were not safe, was that the proximate cause of the accident? Mark and Knox retained Chris Medwell, P.E., of Bloomberg Consulting for consultation on tire safety standards and general accident reconstruction principles. The insurance company for Galaxy Motors vigorously defended the case and raised numerous legal defenses against the claims of Mr. Al-Sheik. The case finally resolved shortly after it was learned that one of the tires from the involved vehicle to be inspected and tested for safety compliance could not be located by Galaxy Motors. By mutual agreement of the parties the settlement amount is not subject to disclosure.