Taylor v. Mobil Corp.

In each of these two appeals from a judgment against a negligent physician and his employer, the primary issue involves a statutory restriction on the plaintiffs tort recovery rights. In one appeal, the primary issue is whether the plaintiffs action is barred by former Code § 65.1-40, now Code § 65.2-307, the exclusive remedy provision of the Virginia Workers’ Compensation Act (the Act). In the other appeal, the primary issue is whether the defendants are entitled to the protection of the limited recovery of damages provided in Code § 8.01-581.15 (the medical malpractice cap).

In the court…