Budd v. Punyanitya

By Judge Paul M. Peatross, Jr.

This matter comes before the Court on the Motion to Dismiss of Defendant, Martha Jefferson Hospital on the basis that the action is barred as to Martha Jefferson Hospital. Specifically, Defendant asserts that Plaintiff elected his remedy under the Virginia Workers’ Compensation Act and is limited to benefits under the Act. Therefore, Plaintiff does not have a separate cause of action against Martha Jefferson Hospital for alleged negligence. The Motion was argued on September 1,2005, and the Court took the matter under advisement to consult additional legal…