Downey v. Malik

By Judge Duncan M. Byrd, Jr.

This Motion for Summary Judgment was argued before the Court on August 25,2000. Subsequent to the hearing, the parties filed Memoranda in support of their respective positions. The issue presented is whether the plaintiff, Sybil Reed Downey, is barred from pursuing a common law action because her injury is exclusively covered by the Virginia Workers’ Compensation Act. Virginia case law clearly states that for a claim to come within the exclusivity of Workers’ Compensation, the injuiy involved must arise out of and in the course of the employment. Combs v. Virginia…