Legal Opinion

Atlantic Environmental Construction Company v. Courtney M. Malveaux, Commissioner, etc.

Court of Appeals of Virginia

Decided September 2, 2014No. 1844131PublishedCited by 2 opinions

1Opinion of the Court

KELSEY, Judge.

Atlantic Environmental Construction Company (AEC) appeals a judgment of the circuit court affirming citations proposed by the Commissioner of the Virginia Department of Labor and Industry against AEC for two workplace safety violations. AEC argues that the circuit court misapplied principles of respondeat superior by imputing to AEC its site supervisor’s knowledge of the safety violations. We disagree and affirm.

I

In March 2011, inspectors from the Virginia Department of Labor and Industry (VDLI) observed AEC construction workers on a roof at the Chrysler Museum in Norfolk…

2Cases cited16 opinions

  1. New York State Electric & Gas Corporation v. Secretary of Labor and Occupational Safety and Health Review CommissionCourt of Appeals for the Second Circuit · 1996
  2. Horne Plumbing and Heating Company v. Occupational Safety and Health Review Commission and John T. Dunlop, Secretary of LaborCourt of Appeals for the Fifth Circuit · 1976
  3. W.G. Yates & Sons Construction Co. v. SafetyCourt of Appeals for the Fifth Circuit · 2006
  4. Loomis Cabinet Company v. Occupational Safety & Health Review Commission, and Lynn Martin, Secretary of LaborCourt of Appeals for the Ninth Circuit · 1994
  5. Comtran Group, Inc. v. U.S. Department of LaborCourt of Appeals for the Eleventh Circuit · 2013

11 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Liberty University, Inc. v. Citizens Insurance Co. of AmericaCourt of Appeals for the Fourth Circuit · 2015
  2. C. Ray Davenport, Commissioner of Labor and Industry v. Utility Trailer Manufacturing CompanyCourt of Appeals of Virginia · 2022

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