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WHALEN v. DEAN STEEL ERECTION CO., INC.

Record No. 820541.

327 S.E.2d 102 (1985)

Edward T. WHALEN v. DEAN STEEL ERECTION COMPANY, INC.

Supreme Court of Virginia.

March 8, 1985.

Attorney(s) appearing for the Case

James A. Eichner, Richmond (Gary W. Kendall, Charlottesville; Beale, Eichner, Wright, Denton & Shields, Richmond; Michie, Hamlett, Donato & Lowry, Charlottesville, on briefs), for appellant.

Thomas G. Bell, Jr., Staunton (Timberlake, Smith, Thomas & Moses, P.C., Staunton, on brief), for appellee.

Ashcraft & Gerel, Alexandria (Lawrence J. Pascal, on brief), amicus curiae for appellant.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ.

RUSSELL, Justice.

This appeal turns upon the question whether a general contractor's employee may bring a tort action against a subcontractor for personal injuries caused by the subcontractor's negligence on the job. The subcontractor contends that such an action is barred by the Worker's Compensation Act.

The facts are undisputed. The Kroger Company desired to erect a grocery store building in Charlottesville. Kroger engaged Pinkerton and Laws Company as...

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