Hill City Trucking, Inc. v. Christian

I concur with the majority’s conclusion that claimant was an employee of Hill City Trucking at the time of his injury; however I disagree with the conclusion that claimant’s injury did not arise out of his employment.

The majority opinion contains the following assertion: “Because we find that the risk of injury to which Christian was subjected was one shared by all travelers, we conclude that Christian’s claim must fail under the ‘actual risk’ doctrine.” (emphasis added). I believe that this statement, as applied to the facts of this case, conflicts with existing Virginia law. As the majority…