Joseph E. Kelly v. Guyon General Piping, Inc.

PHILLIPS, Circuit Judge:

In this diversity action, Joseph E. Kelly appeals the district court’s dismissal of his state-law tort claim against Guyon General Piping, Inc. (Guyon). The district court held that Kelly’s tort action was jurisdic-tionally barred because his exclusive remedy lay in an action for workers’ compensation. We affirm, although for different reasons than those relied upon by the district court.

I

In September 1983 Guyon, a pipe distributor with a regional plant and office in Chester, Virginia, contacted Thurston Motor Lines (Thurston) to request that Thur-ston deliver some of…