Catherine B. Vidunas v. Camp Mont Shenandoah Limited

CourtCourt of Appeals of Virginia
DecidedNovember 5, 2025
Docket2008243
StatusUnpublished

This text of Catherine B. Vidunas v. Camp Mont Shenandoah Limited (Catherine B. Vidunas v. Camp Mont Shenandoah Limited) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Catherine B. Vidunas v. Camp Mont Shenandoah Limited, (Va. Ct. App. 2025).

Opinion

COURT OF APPEALS OF VIRGINIA

Present: Judges Athey, Friedman and Lorish UNPUBLISHED

Argued at Salem, Virginia

CATHERINE B. VIDUNAS MEMORANDUM OPINION* BY v. Record No. 2008-24-3 JUDGE FRANK K. FRIEDMAN NOVEMBER 5, 2025 CAMP MONT SHENANDOAH LIMITED, ET AL.

FROM THE CIRCUIT COURT OF BATH COUNTY Edward K. Stein, Judge

Gregory S. Hooe (Steven G. Friedman; Marks & Harrison, P.C., on briefs), for appellant.

John L. Cooley (John C. Singleton; Law Office of Cooley and Associates PLC; Singleton Law, on brief), for appellees.

Catherine B. Vidunas appeals the circuit court’s order granting the special plea in bar

filed by defendants Camp Mont Shenandoah Limited and Ann Warner. She contends that the

circuit court erred by finding that her dog bite injury arose out of her employment and that her

exclusive remedy therefore lay in the Workers’ Compensation Act. She also appeals the circuit

court’s order denying her motion for reconsideration arguing that the defendants failed to perfect

their cross-appeal of the district court’s denial of their plea in bar. We affirm.

BACKGROUND

The facts are largely undisputed. Warner was the controlling shareholder of Camp Mont

Shenandoah, “a small, traditional, all-girls camp.” Warner had two dogs, Rollins and Otis. Otis

was a border collie whom Warner had acquired in February 2012, when he was eight weeks old.

* This opinion is not designated for publication. See Code § 17.1-413(A). He bit someone when he was a puppy but had not bitten anyone between then and August 2021.

Otis was with Warner “[m]ost of the time” when Warner was at the camp.

Vidunas worked at the camp as a barn manager in the summer of 2021. Her official job

duties included managing “horse care and stable maintenance,” supporting riding director Anna

Nott, and helping to plan and organize the camp’s equestrian events, including by locating and

leasing horses.1 Vidunas also performed duties at Nott or Warner’s direction that were not listed

on the official job description. Vidunas had been around Otis “[a]ll summer long.”

The camp hosted a horse show in August 2021. The day before the event, Warner asked

Vidunas to “trot” one of the horses so that Warner could determine if it was lame. Vidunas’s

role was to encourage the horse to move forward from a position behind the horse while Nott led

the horse from the front. Vidunas followed the horse “clucking” with a “raised voice,” waving

and clapping her hands, and smacking the horse’s rump. Warner was present with both Rollins

and Otis and was jogging behind or alongside the horse. According to an incident report Nott

filled out later that day, when Otis “saw [Vidunas] running after/behind [Warner], he chased

[Vidunas] and bit” her in the calf. Warner similarly wrote in her incident report that Otis

“chase[d]” Vidunas and bit her in the calf. Vidunas received injuries that required medical

attention.

Vidunas filed a personal injury suit in the general district court, alleging negligence

against Warner and Camp Mont Shenandoah. The defendants filed a special plea in bar,

asserting that the Workers’ Compensation Act provided the exclusive remedy for Vidunas’s

injury. The district court overruled the special plea in bar but ultimately found in the defendants’

favor on the merits.

1 Vidunas submitted the barn manager job description as an exhibit at the plea-in-bar hearing. -2- Vidunas timely appealed to the circuit court. The defendants filed a cross-appeal from

the district court’s decision overruling their special plea in bar. They later moved to file an

amended special plea in bar in the circuit court, which the court granted without objection from

Vidunas.

In August 2024, the circuit court held a hearing on the amended special plea in bar and

heard testimony from Warner and Vidunas. Following the hearing, the circuit court found that

Vidunas’s injury arose from her employment and that the Workers’ Compensation Act provided

the exclusive remedy. Accordingly, the court announced that it would grant the plea in bar and

asked the defendants to prepare a final order.

Vidunas moved for reconsideration, asserting for the first time that the defendants had

paid the writ tax and costs of their cross-appeal to the circuit court instead of the district court,

which she argued deprived the circuit court of jurisdiction to consider the defendants’ amended

special plea in bar.2 The circuit court denied reconsideration, concluding that no writ tax or costs

were required because, “unlike a counterclaim, a plea in bar is a defensive pleading.” The court

then dismissed Vidunas’s action with prejudice.

ANALYSIS

I. Vidunas’s injury arose out of her employment.

“A plea in bar asserts a single issue, which, if proved, creates a bar to a plaintiff’s

recovery.” Cornell v. Benedict, 301 Va. 342, 349 (2022) (quoting Massenburg v. City of

Petersburg, 298 Va. 212, 216 (2019)). “The party asserting the plea in bar bears the burden of

proof.” Fines v. Rappahannock Area Cmty. Servs. Bd., 301 Va. 305, 312 (2022) (quoting

Massenburg, 298 Va. at 216). We “review the circuit court’s legal conclusions de novo.” Id.

2 The defendants do not dispute that they paid a writ tax and costs to the circuit court rather than the district court. -3- But when the “parties present evidence on the plea ore tenus, the circuit court’s factual findings

are accorded the weight of a jury finding and will not be disturbed on appeal unless they are

plainly wrong or without evidentiary support.” Id. (quoting Massenburg, 298 Va. at 216).

The Workers’ Compensation Act “reflects a legislative ‘quid pro quo’ that gave workers

the right to assert no-fault liability against their employers (a right that they had never possessed)

and took from them the right to sue their employers in tort for negligence (a right that they had

possessed under the common law).” Lopez v. Intercept Youth Servs., Inc., 300 Va. 190, 196

(2021). Thus, “[i]n general, [workers’ compensation] benefits are an injured employee’s

exclusive remedy for a workplace injury falling within the Act.” Hartford Underwriters Ins. Co.

v. Allstate Ins. Co., 301 Va. 460, 469 (2022); Code § 65.2-307. An injury under the Act is one

“by accident arising out of and in the course of the employment or occupational disease.” Code

§ 65.2-101. “[T]he expressions ‘arising out of’ and ‘in the course of’ are used conjunctively and

are not synonymous. Both conditions must be satisfied before compensation can be awarded.”

King v. DTH Contract Servs., 69 Va. App. 703, 712 (2019) (alteration in original) (quoting

Graybeal v. Bd. of Supervisors of Montgomery Cnty., 216 Va. 77, 78 (1975)). “Whether an

injury arises out of and in the course of employment is a mixed question of law and fact.”

United Cont’l Holdings, Inc. v. Sullivan, 79 Va. App. 540, 551 (2024).

The parties agree that Vidunas’s injury occurred in the course of her employment but

dispute whether it arose out of her employment. To determine whether a workplace injury arose

out of the employment, Virginia follows the “actual risk” test; the test is met when “the

employment subject[s] the employee to the particular danger that brought about his or her

injury.” Conner v. City of Danville, 70 Va. App. 192, 201 (2019) (quoting Smithfield Packing

Co. v. Carlton, 29 Va. App. 176, 181 (1999)). “The ‘arising out of’ requirement focuses on ‘the

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