Randall v. Liberty Mutual Insurance

In this appeal, we decide whether, for purposes of qualifying as an insured under Code § 38.2-2206, a highway worker was “using” his employer’s vehicle while placing lane closure signs along the side of a highway.

Early in the morning of July 28, 1994, James L. Downey and Lawrence Eichler, employees of Archer-Western Contractors, Ltd., were placing lane closure signs along the shoulders of a one-mile section of Interstate 64 in Norfolk when Downey was struck and killed by a car driven by Thomas Glen Pasterczyk. Downey had driven himself and the closure signs to the highway section in a pickup…