United States Fourth Circuit

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Demetres v. East West Construction, 14-1180

In this personal injury case, plaintiff was significantly injured by a bulldozer operated by an employee of defendant, who was a subcontractor for plaintiff's employer. Dismissal of plaintiff's suit for lack of subject matter jurisdiction is affirmed, where, under Garcia v. Pittsylvania County Service Authority, because plaintiff's injury occurred in Virginia and because defendant is a statutory co-employee under Virginia law, plaintiff's personal injury action is barred by the Virginia Workers' Compensation Act.

Appellate Information

  • Decided 01/15/2015
  • Published 01/15/2015

Judges

  • Gregory

Court

  • United States Fourth Circuit

Counsel

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