Legal Opinion

Hilton v. Martin

Supreme Court of Virginia

Decided January 11, 2008No. Record 070091PublishedCited by 42 opinions

1Opinion of the Court

OPINION BY Senior Justice CHARLESS. RUSSELL.

This action to recover damages for personal injury and resulting death arose from an assault on the victim by a fellow employee "in the course of" their mutual employment. The sole question on appeal is whether the trial court erred in dismissing the plaintiff's case on the ground that it involved an "injury arising out of" her employment and therefore that the Virginia Worker's Compensation Act, Code §§ 65.2-100 et seq. (the Act), provided the exclusive remedy for the plaintiff's claims.

Facts and Proceedings

The material facts are undisputed. On…

2Cases cited11 opinions

  1. Fauver v. BellSupreme Court of Virginia · 1951
  2. City of Richmond v. BraxtonSupreme Court of Virginia · 1985
  3. Continental Life Insurance v. GoughSupreme Court of Virginia · 1934
  4. Hopson v. Hungerford Coal Co.Supreme Court of Virginia · 1948
  5. Metcalf v. A. M. Express Moving Systems, Inc.Supreme Court of Virginia · 1986

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3Cited by42 opinions

  1. STATION 2, LLC v. LynchSupreme Court of Virginia · 2010
  2. Simms v. Ruby Tuesday, Inc.Supreme Court of Virginia · 2011
  3. Van Dam v. GaySupreme Court of Virginia · 2010
  4. David White Crane Service v. HowellSupreme Court of Virginia · 2011
  5. Cary O'Donoghue v. United Continental Holdings, Inc. and United Airlines, Inc.Court of Appeals of Virginia · 2019

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

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