Burroughs v. Walmont, Inc.
| Citation | 168 S.E.2d 107, 210 Va. 98 |
| Case Date | June 16, 1969 |
| Court | Supreme Court of Virginia |
Page 107
v.
WALMONT, INC., et al.
H. Shepherd Lippincott, Arlington (Lippincott & Holst, Arlington, on brief), for plaintiff in error.
Charles H. Duff, Arlington (Duff, Slenker & Brandt, Arlington, on brief), for defendants in error.
Before EGGLESTON, C.J., and BUCHANAN, SNEAD, I'ANSON, CARRICO, GORDON and HARRISON, JJ.
GORDON, Justice.
Page 108
The sole issue presented is whether the Workmen's Compensation Act bars this tort action.
Defendant Lindsey & Waldron Construction Company was the general contractor for the construction of homes in a subdivision in Fairfax County known as Carriage Hill Estates. Under a contract with Lindsey & Waldron, Cherrydale Cement Block Company agreed to supply sheetrock for use in walls inside the homes. For an additional consideration, Cherrydale further agreed to deliver specified quantities of sheetrock to the rooms in the homes: to stack in each room the number of sections of sheetrock required to construct that room.
[210 Va. 99] Plaintiff Burroughs was an employee of the trucking company that delivered the sheetrock for Cherrydale. While carrying sheetrock into the home under construction, Burroughs fell down an open stairwell in one of the homes and sustained injuries.
Burroughs received compensation from his employer under the Workmen's Compensation Act. Thereafter he brought this tort action against Lindsey & Waldron to recover for his personal injuries. The trial court dismissed the action, holding that it was barred by the Workmen's Compensation Act. Burroughs appeals. 1
The Workmen's Compensation Act does not bar a tort action if the person who causes the injury is an 'other party' within the meaning of the Act. Va.Code Ann. §§ 65.1--40, --41 (1968 Repl. vol.). And defendant Lindsey & Waldron was an 'other party' if at the time of the accident Burroughs was not performing work that was part of Lindsey & Waldron's trade, business or occupation. Bosher v. Jamerson, 207 Va. 539, 151 S.E.2d 375 (1966).
The trial court decided that Bosher v. Jamerson, Supra, controlled this case. The general contractor in that case was required to construct a concrete floor with a 6-inch sand base beneath it. Under a contract with the general contractor, a supplier of sand was required to dump or spread the sand at the job site as directed by the general contractor. While the driver who delivered the sand was spreading it in the foundation area in accordance with...
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Penn v. Virginia Intern. Terminals, Inc., No. 2:92cv685.
..."delivery cases" apply is unpersuasive. Hipp v. Sadler Materials Corp., 211 Va. 710, 180 S.E.2d 501 (1971), Burroughs v. Walmont, 210 Va. 98, 168 S.E.2d 107 (1969), and Buffalo Shook Co. v. Barksdale, 206 Va. 45, 141 S.E.2d 738 (1965). All involve truck drivers making deliveries o......
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Slater v. Skyhawk Transportation, Inc., Civil Action No. 97-1853 (D. N.J. 5/4/1999), Civil Action No. 97-1853
...a tort action if the person who causes the injury is an 'other party' within the meaning of the Act." Burroughs v. Walmont, Inc., 168 S.E.2d 107, 108-09 (Va. 1969); see also Conlin v. Turner's Express, Inc., 331 S.E.2d 453, 455 (Va. 1985) ("[I]f . . . the employee's injury is caus......
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Slater v. Skyhawk Transportation, Inc., Civil Action No. 97-1853
...a tort action if the person who causes the injury is an 'other party' within the meaning of the Act." Burroughs v. Walmont, Inc., 168 S.E.2d 107, 108-09 (Va. 1969); see also Conlin v. Turner's Express, Inc., 331 S.E.2d 453, 455 (Va. 1985) ("[I]f . . . the employee's injury is caus......
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Demetres v. E. W. Constr., Inc., Civil Action No. 2:13cv155.
...Supreme Court has held that mere suppliers are strangers to the work of general construction contractors. Burroughs v. Walmont, Inc., 210 Va. 98, 99–100, 168 S.E.2d 107 (1969). In Burroughs, the Virginia Supreme Court permitted the employee of a sheetrock supplier to sue the general constru......
-
Penn v. Virginia Intern. Terminals, Inc., No. 2:92cv685.
..."delivery cases" apply is unpersuasive. Hipp v. Sadler Materials Corp., 211 Va. 710, 180 S.E.2d 501 (1971), Burroughs v. Walmont, 210 Va. 98, 168 S.E.2d 107 (1969), and Buffalo Shook Co. v. Barksdale, 206 Va. 45, 141 S.E.2d 738 (1965). All involve truck drivers making deliveries o......
-
Slater v. Skyhawk Transportation, Inc., Civil Action No. 97-1853 (D. N.J. 5/4/1999), Civil Action No. 97-1853
...a tort action if the person who causes the injury is an 'other party' within the meaning of the Act." Burroughs v. Walmont, Inc., 168 S.E.2d 107, 108-09 (Va. 1969); see also Conlin v. Turner's Express, Inc., 331 S.E.2d 453, 455 (Va. 1985) ("[I]f . . . the employee's injury is caus......
-
Slater v. Skyhawk Transportation, Inc., Civil Action No. 97-1853
...a tort action if the person who causes the injury is an 'other party' within the meaning of the Act." Burroughs v. Walmont, Inc., 168 S.E.2d 107, 108-09 (Va. 1969); see also Conlin v. Turner's Express, Inc., 331 S.E.2d 453, 455 (Va. 1985) ("[I]f . . . the employee's injury is caus......
-
Demetres v. E. W. Constr., Inc., Civil Action No. 2:13cv155.
...Supreme Court has held that mere suppliers are strangers to the work of general construction contractors. Burroughs v. Walmont, Inc., 210 Va. 98, 99–100, 168 S.E.2d 107 (1969). In Burroughs, the Virginia Supreme Court permitted the employee of a sheetrock supplier to sue the general constru......