Fouts v. Anderson

Paul Wayne Fouts, plaintiff, brought this action against Donnie G. Anderson, defendant, to recover damages for personal injuries sustained as a result of an accident allegedly caused by defendant’s negligent operation of his automobile. Defendant filed a plea in bar and a motion to dismiss on the ground that plaintiff’s exclusive remedy was under the Virginia Workmen’s Compensation Act, Code § 65.1-1 et seq. The trial court, after hearing evidence and arguments of counsel, sustained the plea in bar and dismissed the action.

The sole question presented on this appeal is whether the accident…