DOCUMENT 2
ELECTRONICALLY FILED
8/26/2020 10:18 AM
02-CV-2020-901785.00
CIRCUIT COURT OF
MOBILE COUNTY, ALABAMA
JOJO SCHWARZAUER, CLERK

IN THE CIRCUIT COURT OF MOBILE COUNTY' ALABAMA
HAROLD A. TIIOMAS' IlI, as Persotlll Represertative ofthe
Estate ofSAMANTHA ALISON THOMAS, deceased,
Plaintiff,

CIVIL ACTION NO.

CV2O2O-

"A," the individual whose
of
Samantha Alison Thomas
death
and
damages
wantonness
caused
the
injuries,
negligcnce and/or

JONATHAN PISHO! NAKHLA, an individual; DEFENDANT

on August 1,2020, when an accident occurred on West I-65 Service Road in Mobile County,
Alabama; DEFENDANT "B," the partnership whose negligence and/or wantonness caused th€
injuries, death and damages of Samantha Alison Thomas on Augusl l, 2020, when an accident
occurcd on West I-65 Service Road in Mobile County, Alabama; DEFENDANT "C'I the
corporation whose negligence and,/or wantonness caused the injuries, death and damages of
Samantha Alison Thomas on August l, 2020, when an accident occurred west I-65 Service Road
in Mobile County, Alabama; DEFENDANT "D," the individual who was operating the motor
vehicl€ that caused the single vehicular collision on August 1,2020, when ao accident occurred
on west I-65 Service Road in Mobile County, Alabamai DEFENDANT "E," the person or other
legal entity who owned and/or enhusted the Audi R8 motor vehicle driven by Jonathan Pishoi
Nakhla on August l, 2020. when a single vehicular collision occurred on West I-65 Service Road
in Mobile County. Alabama; DEFENDANT "F," the person or other legal entity whose
responsibility it was for maintaining and repairing the vehicle operated by Jonathan Pishoi Nakhla
on August l, 2020, when a single vehicular collision occuned on West I-65 Service Road in
Mobile County, Alabamai DEFENDANT "G," whether singular or plural, Plaintiff hereby
inteDding to designate that entity or those entities, including persons who arc Iiable to Plaintiff, as
a principal lor lhe negligent acts or omissions ofits agent Jonathan Pishoi Nakhla; DEFENDANT
'H," whether singular or plual, Plaintillhereby intendi[g to designate that entity which is the corect
legal description of that entity described and referred to as Jonathan Pishoi Nakhla's principal;
DEFENDANT "I," the pe$on, firm, corporation or other legal entity who was the employer of
Jonathan Pishoi Nakhla on August l, 2020, when a single vehicular collision occurred on West I65 Service Road in Mobile County, Alabarnai DEFENDANT "J," whether singular or plulal,
Plaintiff hereby intending to designate that entity or those entities, other than those entities
described above who or which is a successor in interest ofany ofthose entities described above;
DEFENDANT "K," whether sirgular or plural, being those individuals or entities who or which
have liability to the Plaintifffor any causes ofaction or whose acts give rise to liability as it relates
to the accident thal occuned on August 1,2020, on West I-65 Service Road in Mobile County,
Alabama. whose true names and identities are uknown to Plaintilfat this time but will be added
by amendment when ascertained,
Defendants.

COMPLAINT
COMES NOW the Plaintilland brings a Complaint against the Defendants as follows:

 DOCUMENT 2

FACTS COMMON TO ALL COUNTS

l.

Plaintiff Harold A. Thomas, III, as Personal Representative of the Estate of Samantha
Alison Thomas, deceased, is an adult resident citizen ofMadison County, Alabama.

2

Plaintiffs decedent, Samantha Alison Thomas, deceased, was a rcsident citizen ofMadison
County, Alabarnq on August l, 2020, and at the time of her death. At all times relevant to
this action, Plaintiffs decedent was a medical student at the University of South Alabama.

3.

Defeldant Jomthan Pishoi Nak]Lla, upon information and belief, is an adult resident citizer
of Mobile County, Alabama.

4.

Fictitious pary Defendants "A" through "K" are individuals or entilies who or which
caused or contributed to the irljuries, death and damages of Samantha Alison Thomas on
August l, 2020. Fictitious Party Defendants "A" though "K" are the individuals and/or
entities who or which have liability to the Plaintifffor ary causes ofaction and whose acts
give rise to liability as it relates to the Plaintilfs claims. The content ofthe above caption
listing lhe Ficdrious Party Defendants is incorporated by reference.

5.

Unless otherwise noted, when the word "Defendants" is used herein, it is meant to refer
collectively to Jonathan Pishoi Nakhla and all fictitious defendants described in the style,
body and caption ofthis Complaint.

6.

The incident giving rise to this action is a single vehicle motor vehicle accident which
occurred in the early morning houls on August l, 2020, on West I-65 Service Road in the
City of Mobile, Mobile County, Alabama.

7.

At the aforesaid time and place, Defendant Jonathan Pishoi Na.khla and Fictitious Party
Defendants "A" through "K" negligently and/or wantonly caused and./or allowed a singular
vehicular accident to occur-

8.

Prior to the subject accident, Defendant Nakhla became intoxicated as a result of
consuming numerous alcoholic beverages. and he boasted that, because he had been issued
a physician card by a police depanment, he could escape responsibility for driving in
violation of the law,

9.

At the time of the accident, Defendart Jonathan Pishoi Nakhla was drunk and operating
his Audi R8 Spyder, high-performance Audi convertible motor vehicle at 138 miles per
hour in a 45 mile per hour zone while under the influence ofalcohol.

10.

The wreck occurred around l2:41 am when Nakhla's vehicle ran offthe road and collided
with a concrete ditch dividing Interstate 65 from the service road. Nakhla's vehicle ther
sruck the guardrail, rolling si\ times along the guadrail, striking a lighr pole and landing
upside down and continuing fiom there before coming to an uncontrolled stop in a ditch.

 DOCUMENT 2

ll.

As a proximate result of the Defendarts' negligence and-/or wantonness, the Plaintilfs
decedent, twenty-four-yea!-old Samantha Alison Thomas, succumbed to fatal injuries
inflicted in the accident.

12.

Any and all ofthe aforedescribed acts and/or omissions are the direct and proximate cause
ofthe death ofthe decedent, Samantha Alison Thomas.

13.

Plaintiffs decedent, Samantha Alison Thomas, departed this life on August l, 2020.

EgUNT ANE
NEGLIGENCENVANTONNESS
IYEGLIGENCE PER SE

14.

Plaintiffhereby realleges and adopts all ofthe foregoing paragraphs ofthe Complaint as if
more fully set out herein.

15.

Plaintiffbrings this claim pursuant to Alabama's Wrongful Death Act, Alabama Code
5-410 et. seq. ( 1975) for the wongful death of Samantha Alison Thomas, deceased.

16.

On or about August l, 2020, on an Interstate 65 service road in Mobile Couty, Alabama,
the Defendant Jonathan Pishoi Nakhla and Fictitious Party Defendants "A" through "K"
negligently and/or wantonly caused and/or allowed a singular vehicular collision to occur.

17.

As a proximate result of the Defendants' negligence and,/or wantonness, the Plaintiffs
decedent succumbed to fatal injuries inflicted in lhe accident.

18.

Plaintiffalleges that DefeDdaDt Jonathan Pishoi Nakhla and/or Fictitious Party Defendants
"A" through "K" were \ anton, negligent and/or negligent per se in the ope.ation of his
vehicle as it relates to the accident of August l, 2020.

19.

Defendant Jonathan Pishoi Nakhla and/or Fictitious Party Defendants "A" thrcugh "K" is
directly responsible for the injuries and death of decedent, Sanantha Alison Thomas,
among other lhings, in that he:

S

a.

Opented a motor vehicle while travelling in excess of 130 miles per hour in violation
Ala. Code $S 32-5Al10
32-5A-171.

b.

Operated a motor vehicle while under the influence ofalcohol in excess ofthe legal
in violation ofAla. Code g 32-54- 191;

c.

Opented a vehicle in a careless and reckless maruer;

d.

Failed to keep a proper lookout;

e.

Failed to maintain proper control ofthe vehicle; and

ai

3

6-

of

limit

 DOCUMENT 2

i
20.

Operated a vehicle without exercising due care.

Plaintiff Harold A. Thomas, Ilt, as Personal Representative of the Estate of Samantha
Alison Thomas, deceased, claims against Defendants as Penonal Representative of the
Estate ofsamantha Alison Thomas, deceased, pursuant to S 6-5-410 et. seq' (19'15) et seq'
for the wrongful death of Samantha Alison Thomas in that her death was caused by the
unlawful and wrongful acts, omissions, negligence and/or wantonness of Defendant
Jonathan Pishoi Nakhla and/or Fictitious Pady Defendants "A'thrcugh "K."

WHEREFORE, Plaintiff demands j udgment ofpunitive darnages against Defendant Jonathan
Pishoi Nakhla and-/or Fictitious Party Defendants "A" through "K" in such amount as the jury deems
iust and p.oper, together with coss allowed by law.

@LryO

FICTITIOUS DEFENDAI\{TS

21.
22.

Plaintiffhereby realleges and adopts all ofthe foregoitg paragraphs ofthe Complaint as if
more fully set out herein.

l,

2020, on West l-65 Service Road in Mobile County, Alabam4 the
Defendant Jonathan Pishoi Nakhla and Fictitious Party Defendants "A" through "K"
Degligently and/or wantonly caused and/or allowed a singular vehicular accident to occur,
On or about August

23.

As a proximate result of the Defendants' negligence and/or wantonness, the Plaintiffs
decedent succumbed to fatal injuies inflicted in the accident.

24.

This count ofthe Complaint is filed against fictitious party Defendants "A" through "K"
more specifically described inthe caption ofthe Complaint and is made against D€fendants
who or which have liability under any theory of law referenced in the caption of the
Complainr or in any language in the body ofthe Complaint, whether as a result oftorl or
contract, and whose true names or identities are otherwise unknown, but who will be added
by amendmenr when ascenained.

WHEREFORE, Plaintiff demands judgment of punitive damages against Fictitious Party
"K' in such amount as thejury deemsjust and proper, together with costs
as allowed by law.
Defendants "A" through

OfCounsel:
MORRIS, KING & HODGE, P.C.

 DOCUMENT 2

NE
Hunsville, Alabama 35801
Telephone: (256) 5364588
Facsimile; (256) 533- I 504
Email: jkbg@s}lleuryelssolq
200 Pratt Av€oue,

PLAINTIII'IIEREBY DEMANDS TRIAL BY STRUCK JURY,

SERVE DETEN'DAIIT WITH COMPLAINT A}ID DISCOVERY
VIA PROCISS SERVER:
Jonathan Pishoi Nakhla
I5I DU RHU DR T,INIT 2217

MOBTLE, AL 36608-1266