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STEWART v. BASS CONST. CO., INC.

Record No. 791251.

288 S.E.2d 489 (1982)

Herbert E. STEWART v. BASS CONSTRUCTION COMPANY, INC., et al.

Supreme Court of Virginia.

March 12, 1982.

Attorney(s) appearing for the Case

Christopher Allen Meyer, Richmond (James A. Eichner, Allen, Allen, Allen & Allen, Richmond, on briefs), for appellant.

John M. Oakey, Jr., Richmond (McGuire, Woods & Battle, Richmond, on brief), for appellees.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, THOMPSON and STEPHENSON, JJ., and HARRISON, Retired Justice.

STEPHENSON, Justice.

Herbert E. Stewart filed this action at law against Bass Construction Company, Inc., seeking damages for a personal injury which he alleged resulted from Bass's negligence. Bass moved to dismiss the suit on the ground that Stewart's sole right to recovery was under the Virginia Workmen's Compensation Act. After hearing evidence on the motion, the trial court dismissed the suit and this appeal ensued.

Stewart, a mechanic, was employed by...

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