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DELP v. BERRY

195 S.E.2d 877 (1973)

Michael W. DELP v. Clifton J. BERRY, Sr., and Johnson Brake and Wheel Service, Inc.

Supreme Court of Virginia.

April 23, 1973.

Attorney(s) appearing for the Case

Terry H. Davis, Jr., Norfolk (Taylor, Gustin, Harris, Fears & Davis, Norfolk, on brief), for plaintiff in error.

Sidney Sacks, Norfolk (Lewis, Sacks & DeLaura, Norfolk, on brief), for defendants in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

HARRISON, Justice.

In Virginia Used Auto Parts v. Robertson, 212 Va. 100, 103, 181 S.E.2d 612, 614 (1971), we concluded that Code § 65.1-106 "expressed the overriding legislative intent that an uninsured employer shall be liable to his employee injured in an accident arising out of and during the course of his employment" and that "[h]ence unsuccessful resort to a civil action will not bar the...

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