Barbara M. Beall, Administratrix of the Estate of Edward F. Beall, Deceased v. Standard Electric Company, Inc.

Fourth Circuit

Barbara M. Beall, Administratrix of the Estate of Edward F. Beall, Deceased v. Standard Electric Company, Inc.

404 F.2d 881, 1968 U.S. App. LEXIS 4356

CourtCourt of Appeals for the Fourth Circuit

DecidedDecember 26, 1968

Docket12202

StatusPublished

Cited by2 cases

This text of 404 F.2d 881 (Barbara M. Beall, Administratrix of the Estate of Edward F. Beall, Deceased v. Standard Electric Company, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Barbara M. Beall, Administratrix of the Estate of Edward F. Beall, Deceased v. Standard Electric Company, Inc., 404 F.2d 881, 1968 U.S. App. LEXIS 4356 (4th Cir. 1968).

Pincite

Opinion

PER CURIAM:

This is an action to recover for death by wrongful act because of injuries received by an employee of a sub-contractor against an alleged third party wrongdoer, an independent contractor performing services on the same building project. Upon a motion for summary judgment filed by the defendant, the District Court held that the remedy of the Plaintiff was limited to claim under the Virginia Workmen’s Compensation Act and judgment was entered accordingly. Sec. 65-37, 65-38 Va.Code (1950). The facts are not in dispute. There being no issue of material fact to be determined and no error of law in the conclusion of the District Court that the Plaintiff was limited to her claim under the Virginia Workmen’s Compensation Act, the action of the District Court should be affirmed. Fetig v. Chalkley, 185 Va. 96, 38 S.E.2d 73; Anderson v. Thorington Construction Company, 201 Va. 266, 110 S.E.2d 396; Williams v. E. T. Gresham Company, 201 Va. 457, 111 S.E.2d 498; McCann v. Newport News Shipbuilding and Dry Dock Company, 177 F.Supp. 909 (E.D.Va.); Sears, Roebuck & Company v. *882 Wallace, 4 Cir., 172 F.2d 802(4); and Turnage v. Northern Virginia Steel Corporation, 4 Cir., 336 F.2d 837(4), Cf. Kramer v. Kramer, 199 Va. 409, 100 S.E.2d 37.

Affirmed.

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PER CURIAM:

This is an action to recover for death by wrongful act because of injuries received by an employee of a sub-contractor against an alleged third party wrongdoer, an independent contractor performing services on the same building project. Upon a motion for summary judgment filed by the defendant, the District Court held that the remedy of the Plaintiff was limited to claim under the Virginia Workmen’s Compensation Act and judgment was entered accordingly. Sec. 65-37, 65-38 Va.Code (1950). The facts are not in dispute. There being no issue of material fact to be determined and no error of law in the conclusion of the District Court that the Plaintiff was limited to her claim under the Virginia Workmen’s Compensation Act, the action of the District Court should be affirmed. Fetig v. Chalkley, 185 Va. 96, 38 S.E.2d 73; Anderson v. Thorington Construction Company, 201 Va. 266, 110 S.E.2d 396; Williams v. E. T. Gresham Company, 201 Va. 457, 111 S.E.2d 498; McCann v. Newport News Shipbuilding and Dry Dock Company, 177 F.Supp. 909 (E.D.Va.); Sears, Roebuck & Company v. *882 Wallace, 4 Cir., 172 F.2d 802(4); and Turnage v. Northern Virginia Steel Corporation, 4 Cir., 336 F.2d 837(4), Cf. Kramer v. Kramer, 199 Va. 409, 100 S.E.2d 37.

Affirmed.

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404 F.2d 881, 1968 U.S. App. LEXIS 4356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barbara-m-beall-administratrix-of-the-estate-of-edward-f-beall-deceased-ca4-1968.

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