Legal Opinion

Bishop v. Valley Rich Dairy

Roanoke County Circuit Court

Decided July 28, 2003No. Case No. CL01-1066Published

1Opinion of the Court

By Judge Clifford r. Weckstein

Billy Eugene Bishop, who was severely injured in an accident at Valley Rich Dairy’s Richlands, Virginia, branch, brought this damage suit against Valley Rich. .I hold that, as Valley Rich argues, this suit must be dismissed because Valley Rich was Bishop’s “statutory employer” under the Workers’ Compensation Act.

In order to answer this “mixed question of law and fact,” Burch v. Hechinger Co., 264 Va. 165, 169, 563 S.E.2d 745 (2002), I heard testimony from Bishop and from three employees of Valley Rich. There are no material facts in dispute; the relevant facts…

2Cases cited13 opinions

  1. Feitig v. ChalkleySupreme Court of Virginia · 1946
  2. Shell Oil Co. v. LeftwichSupreme Court of Virginia · 1972
  3. Henderson v. Central Tel. Co. of VirginiaSupreme Court of Virginia · 1987
  4. Whalen v. Dean Steel Erection Co., Inc.Supreme Court of Virginia · 1985
  5. Burroughs v. Walmont, Inc.Supreme Court of Virginia · 1969

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