Clean Sweep Professional Parking Lot Maintenance, Inc. v. Talley

In this appeal, we consider whether the trial court erred in overruling pleas in bar based upon the exclusivity provisions of the Virginia Workers’ Compensation Act, Code § 65.2-100 et seq. (“the Act”).

I. Facts and Proceedings Below

In August 1997, Virginia Paving Company (“Virginia Paving”) was engaged in the repaving of certain portions of Interstate Highway 95 in Spotsylvania County, under a contract from the Virginia Department of Transportation (“VDOT”). The contract required Virginia Paving to undertake all aspects of the repaving process including milling the existing road surface,…