INTERMODAL SERVICES, INC. v. SMITH

Record No. 850208.

364 S.E.2d 221 (1988)

INTERMODAL SERVICES, INC., et al. v. Gary Daniel SMITH.

Supreme Court of Virginia.

January 15, 1988.


Attorney(s) appearing for the Case

Fred C. Alexander, Jr. (Boothe, Prichard & Dudley, Alexandria, on briefs), for appellants.

Leonard S. Sattler (Bray and Sattler, Arlington, on brief), for appellee.

Present: All the Justices.


COMPTON, Justice.

In this tort action seeking damages for personal injuries, the defendants filed a plea to the jurisdiction asserting that the plaintiff's exclusive remedy was under the Virginia Workers' Compensation Act (the Act). The dispositive question on appeal is whether the trial court correctly ruled that the Act did not apply because the plaintiff was an independent contractor, not an "employee."

In 1981, appellee Gary Daniel Smith, the plaintiff...

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