Otero-Acevedo v. Morris-Shea Bridge Company, Inc.

On March 10, 2026, Juan Otero-Acevedo, an employee of a subcontractor, suffered fatal injuries while performing deep foundation work on a bridge project in Alabama managed by Morris-Shea Bridge Company, Inc. His estate brought a wrongful death and negligence action, alleging that Morris-Shea retained active control over the worksite and failed to enforce critical safety protocols, directly causing the fatal incident. The complaint contended that the general contractor ignored known hazards and did not provide adequate fall protection or equipment inspections. Morris-Shea moved for summary judgment, arguing it owed no duty of care to a subcontractor's employee and that the claims were barred by the exclusive remedy provisions of the state's workers' compensation statute.

The trial court granted summary judgment in favor of Morris-Shea Bridge Company, finding no duty of care and holding the claims barred. The estate appealed, and the appellate court reversed in part, ruling that genuine issues of material fact existed regarding the contractor's retained control and the scope of the duty owed, remanding the case for further proceedings.

Whether a general contractor can be held liable in tort for the death of a subcontractor's employee when the contractor exercised sufficient control over the worksite to assume a duty of care, and whether such claims are precluded by the exclusive remedy doctrine under applicable workers' compensation law.

The case drew significant attention to workplace safety disparities faced by immigrant and subcontracted laborers on major construction sites. It spurred debate over the limits of workers' compensation exclusivity and prompted calls for legislative reforms to impose clearer safety accountability on general contractors, influencing contractor insurance requirements and site supervision practices across the bridge and heavy-civil construction industry.