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FOUTS v. ANDERSON

Record No. 771486.

250 S.E.2d 746 (1979)

Paul Wayne FOUTS v. Donnie G. ANDERSON.

Supreme Court of Virginia.

January 12, 1979.

Attorney(s) appearing for the Case

Ronald W. Williams, Danville (Warren, Parker, Williams & Stilwell, Danville, on brief), for plaintiff in error.

Coleman B. Yeatts, Sr., Chatham (Yeatts, Overbey & Yeatts, Chatham, on brief), for defendant in error.

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

PER CURIAM.

Paul Wayne Fouts, plaintiff, brought this action against Donnie G. Anderson, defendant, to recover damages for personal injuries sustained as a result of an accident allegedly caused by defendant's negligent operation of his automobile. Defendant filed a plea in bar and a motion to dismiss on the ground that plaintiff's exclusive remedy was under the Virginia Workmen's Compensation Act, Code § 65.1-1 et seq. The trial court, after hearing evidence...

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