Gibbs v. Newport News Shipbuildng & Drydock Co.

PRESENT: Kinser, C.J., Lemons, Millette, Mims, McClanahan, and Powell, JJ., and Russell, S.J. DORTHE CRISP GIBBS, EXECUTOR OF THE ESTATE OF KENNETH M. GIBBS, DECEASED OPINION BY v. Record No. 111870 SENIOR JUSTICE CHARLES S. RUSSELL November 1, 2012 NEWPORT NEWS SHIPBUILDING AND DRYDOCK COMPANY FROM THE CIRCUIT COURT OF THE CITY OF NEWPORT NEWS Timothy S. Fisher, Judge This appeal from an order dismissing an action for wrongful death presents the question whether the decedent, who was serving on active duty with the armed forces of the United States at the time of his injury, was covered by…