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DODSON v. AETNA CAS. & SUR. CO.

Nos. 87-3509, 87-3519.

851 F.2d 736 (1988)

Patricia A. DODSON, Administratrix of the Estate of Elmer W. Dodson, Jr., deceased, Plaintiff-Appellee, v. AETNA CASUALTY & SURETY COMPANY, Defendant-Appellant. Patricia A. DODSON, Administratrix of the Estate of Elmer W. Dodson, Jr., deceased, Plaintiff-Appellant, v. AETNA CASUALTY & SURETY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 15, 1988.

Attorney(s) appearing for the Case

Ignacio Britto Pessoa, Alexandria, Va., Christopher K. Speed, Arthur and Speed, Ltd., Arlington, Va., on brief, for defendant-appellant.

John Allen Blazer, Crews & Hancock, Richmond, Va., R. Harrison Pledger, Jr., McLean, Va., on brief, for plaintiff-appellee.

Before WINTER, Chief Judge, and MURNAGHAN and SPROUSE, Circuit Judges.

MURNAGHAN, Circuit Judge:

Pursuant to Rule 5:42, this Court certified two questions of Virginia law to the Virginia Supreme Court. Because the Virginia Supreme Court conclusively answered the first question in the negative, we reverse.

I.

On May 18, 1984, Elmer W. Dodson, Jr. was employed by A.G. VanMetre, Jr., Inc. as a construction site supervisor. While in the course of his employment, he was struck and killed by a truck owned by VanMetre, and...

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