Barber v. Loews Theatres, Inc.

RULING ON MOTION TO DISMISS

DALTON, Chief Judge.

The plaintiff, a Virginia citizen, is suing the defendant, a New York Corporation, whose principal place of business is not in Virginia, for injuries sustained when one of defendant’s employees negligently operated a forklift truck. Damages are claimed in the amount of $30,-000.

The defendant has filed a motion to dismiss on the ground that the plaintiff is covered by Virginia’s Workmen’s Compensation Act. For the reasons set forth, the court will deny the defendant’s motion.

§ 65.1-5 of the Virginia Code reads:

“Nothing in this Act contained shall…