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SMITH v. HORN

Record No. 831622.

351 S.E.2d 14 (1986)

Carl E. SMITH v. Daniel Emory HORN.

Supreme Court of Virginia.

November 26, 1986.

Attorney(s) appearing for the Case

Jack P. Chambers (Gillespie, Chambers, Combs, Altizer and Givens, Tazewell, on brief), for appellant.

Wade W. Massie (Penn, Stuart, Eskridge & Jones, Abingdon, on brief), for appellee.

The Virginia Coal Ass'n (James C. Roberts, Gary J. Spahn, John R. Easter, Mays, Valentine, Davenport & Moore, Richmond, on brief), amicus curiae, for appellee.

Present: COCHRAN, POFF, COMPTON, STEPHENSON, RUSSELL, and THOMAS, JJ.

COCHRAN, Justice.

The dispositive question in this appeal is whether, under the Workers' Compensation Act, an injured employee of one independent contractor is barred from bringing a common-law tort action against an employee of another independent contractor engaged by the same owner.

Carl E. Smith filed his motion for judgment against Daniel Emory Horn and Freddie Rife, alleging that he was injured in a three-vehicle accident proximately caused by the negligence...

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