Legal Opinion
McCall v. Bowater, Inc.
District Court, W.D. Virginia
Decided August 1, 1989No. Civ. A. No. 86-0188-APublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
GLEN M. WILLIAMS, Senior District Judge.
The plaintiff is the administrator of the estate of Mickey Dale Woods, a truck driver who was killed in a motor accident on August 6, 1984. The sole issue in this wrongful death action is whether Bowater was a statutory employer of Woods, and thus immune from suit under the Virginia Workers’ Compensation Act, Va.Code 65.-1-1 et seq. (1987), or whether Bowater is an “other party” under § 65.1-41 (1987), and therefore subject to suit. The Workers’ Compensation Act “denies an injured employee the right to recover damages ‘against any…
2Cases cited15 opinions
- Bassett Furniture Industries, Inc. v. McReynoldsSupreme Court of Virginia · 1976
- Shell Oil Co. v. LeftwichSupreme Court of Virginia · 1972
- McMillan v. McMillanSupreme Court of Virginia · 1979
- Henderson v. Central Tel. Co. of VirginiaSupreme Court of Virginia · 1987
- Burroughs v. Walmont, Inc.Supreme Court of Virginia · 1969
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3Cited by2 opinions
- Penn v. Virginia International Terminals, Inc.District Court, E.D. Virginia · 1993
- Ratcliff v. Culpeper Stone Co.Stafford County Circuit Court · 1994