Ex parte Thorn

Raymond Bethel (plaintiff) sued Diesel "Repower," Inc. and its president Rex Thorn (defendants) for breach of contract, fraud, fraudulent suppression, and negligence over engine and generator purchases. After the Alabama Supreme Court held Bethel had properly stated claims against Thorn, Bethel amended his complaint to add Thorn's wife and Thorn's Diesel Service, Inc. as defendants, alleging the entities were alter egos of the Thorns, and sought to pierce the corporate veil with a jury trial on all counts. The Thorns and Service moved to sever the veil-piercing claim, arguing it was equitable and carried no jury-trial right; the trial court denied the motion, and the Thorns and Service petitioned for a writ of mandamus.