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THOMAS v. GEORGE HYMAN CONSTRUCTION CO.

No. 3242-57.

173 F.Supp. 381 (1959)

James THOMAS and Dorothy E. Thomas, Plaintiffs, v. GEORGE HYMAN CONSTRUCTION CO., a Corporation, Defendant.

United States District Court District of Columbia.

May 26, 1959.

Attorney(s) appearing for the Case

Jeremiah C. Collins, Washington, D. C., for defendant, for the motion.

M. S. Mazzuchi, Washington, D. C., for plaintiffs, opposed.

HOLTZOFF, District Judge.

This case presents a problem of novel impression in this Circuit concerning the construction of one of the provisions of the Workmen's Compensation Act, namely, whether an action for damages for personal injuries may be maintained as a so-called "third-party action" by an employee of a subcontractor against the general contractor and, if so, under what circumstances. The specific question is as follows: if a workmen's compensation statute...

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