Legal Opinion

Pendley v. United States

Court of Appeals for the Fourth Circuit

Decided September 19, 1988No. 87-3148PublishedCited by 14 opinions

1Opinion of the Court

WIDENER, Circuit Judge:

William Perry Pendley, the administrator of the estate of Leon H. Cassutt, brought this wrongful death action under the Federal Tort Claims Act against the United States. The district court dismissed the case on the ground that the United States was Cassutt’s statutory employer under the Virginia Worker’s Compensation statute which is an exclusive remedy and deprives the court of jurisdiction for an action in tort. We agree that the United States was the statutory employer and affirm the judgment of the district court.

On September 19, 1985, Leon Cassutt was killed as a…

2Cases cited6 opinions

  1. Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
  2. Shell Oil Co. v. LeftwichSupreme Court of Virginia · 1972
  3. Henderson v. Central Tel. Co. of VirginiaSupreme Court of Virginia · 1987
  4. Fauver v. BellSupreme Court of Virginia · 1951
  5. Floyd v. MitchellSupreme Court of Virginia · 1962

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

3Cited by14 opinions

  1. Struhs v. Protection Technologies, Inc.Idaho Supreme Court · 1999
  2. Thomas v. Stone Container Corp.District Court, S.D. New York · 1996
  3. Margie Izard, as Personal Representative of the Estate of Roger Keith Gillin, and as Guardian of Ryan Keith Gillin, a Minor v. United StatesCourt of Appeals for the Tenth Circuit · 1991
  4. Hyman v. United StatesDistrict Court, E.D. Virginia · 1992
  5. Hose v. United StatesDistrict Court, District of Columbia · 2009

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

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