Legal Question in Civil Litigation in Alabama
I am a manager of an auto body shop in Alabama. A customer got their car painted here a couple of months ago and now she is sueing me personally because she says it's the wrong color. She had the paint job paid for by a towing company that she threatened to sue because she said they damaged her car when they towed it. There was no way that they did the damage to her car that she said but they paid for her paint job anyway to avoid the trouble. Now I guess I am her next "victim", but I am only an employee. I did not personally paint her car or even do her estimate, but she is sueing me and not the company. Is this possible?
2 Answers from Attorneys
Anything is possible. You do need to respond to the complaint, but not with an Answer. You need to file a motion to dimiss under rule 12B of Alabama Civil Procedure in that you were not in contract with her, that she actually contracted with the business and paid the business.
You need to talk to a lawyer in an office in your town or near your town and discuss your options. There are a myriad of defenses and tactics and merely flying an answer at you on this website is insufficient for you to make a good decision. Anyone can sue anyone for anything. If the person being sued doesn't take it seriously, then the person will get a judgment against you and garnish your wages. Even frivolous lawsuits must be taken seriously.