Dodson v. Aetna Casualty & Surety Co.

MURNAGHAN, Circuit Judge:

Pursuant to Rule 5:42, this Court certified two questions of Virginia law to the Virginia Supreme Court. Because the Virginia Supreme Court conclusively answered the first question in the negative, we reverse.

I

On May 18, 1984, Elmer W. Dodson, Jr. was employed by A.G. VanMetre, Jr., Inc. as a construction site supervisor. While in the course of his employment, he was struck and killed by a truck owned by VanMetre, and being operated in the course of. employment by a fellow VanMe-tre employee, Rogerio O.D. Cardoso. Dodson was survived by his widow, the plaintiff, and…