Mizenko v. Electric Motor & Contracting Co.

The trial court dismissed Michael Mizenko’s motion for judgment against Electric Motor and Contracting Company, Inc. and Metro Machine Corporation based on its interpretation and application of two cases recently decided by this Court: McBride v. Metric Constructors, 239 Va. 138, 387 S.E.2d 780 (1990), and American Foods v. Ford, 221 Va. 557, 272 S.E.2d 187 (1980). Like the trial court, I *165find no factual or legal circumstances of jurisprudential significance which take the instant case out of the purview of McBride and Ford. The majority’s attempt to draw such distinctions is unpersuasive and…