Gilmer v. Daniel International Corp.

By JUDGE W. PARK LEMMOND, JR.

I have finally completed a review of the authorities surrounding the issue raised by the defendant’s Special Plea in the above matter. The Court finds that the plaintiff is barred from a recovery against the defendant and hence sustains the Special Plea by the defendant.

As previously stated, the case of Whalen v. Dean Steel Erection Co., Inc., 229 Va. 164 (1985), is controlling. In both cases, the subcontractor was the defendant. In the Whalen case, Dean Steel was held not to be a stranger to the business of Kroger/Pinkerton and Laws Company. Pinkerton and Laws…