Shareholder W. Walker Moss and Associate Ben Barrow of our Birmingham (AL) office, recently obtained summary judgment on behalf of a local construction contractor in a liability and co-employee liability lawsuit pending in Shelby County (AL). The lawsuit was initiated when the plaintiff alleged he was injured due to the defendant’s negligent and wanton conduct while working for the defendant. The plaintiff also alleged the defendant intentionally modified a safety device leading to the accident that caused the plaintiff’s injuries.
The defense argued that the exclusive remedy provision of the Alabama Workers’ Compensation Act applied and the defendant was therefore immune from all tort claims brought against him and his company. The defendant also argued he could not be deemed both an employer and an employee under the law, and therefore the co-employee liability claim brought against him was due to be dismissed. The court agreed, finding that the defendant was immune from all tort claims, including the claim for co-employee liability. The court expressly concluded that all of the plaintiff’s tort claims failed as a matter of law and were due to be dismissed with prejudice.