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HUMPHRIES v. THOMAS

Record Nos. 920359, 920360.

422 S.E.2d 755 (1992)

Robert H. HUMPHRIES v. David Grant THOMAS, Administrator of the Estate of Dwight Anderson Thomas, Deceased. STATE FARM FIRE AND CASUALTY COMPANY v. David Grant THOMAS, Administrator of the Estate of Dwight Anderson Thomas, Deceased.

Supreme Court of Virginia.

November 6, 1992.

Attorney(s) appearing for the Case

Heather Sanderson Lewis, Lexington (Neal S. Johnson, Natkin & Heslep, on briefs), for appellant.

Gregory T. St. Ours, Harrisonburg (Wharton, Aldhizer & Weaver, on brief), for appellee.

Present: All the Justices.

KEENAN, Justice.

Robert H. Humphries, the sole proprietor of Carpet Showcase and Carpet Showplace (Carpet Showcase), sought recovery of damages from the estate of Dwight Anderson Thomas (the Estate), which he alleged were caused by Thomas's negligence in the operation of a motor vehicle. The Estate defended the claim on the ground that Thomas was an employee of Carpet Showcase and, therefore, Humphries's suit was barred by the exclusivity provisions of the Virginia...

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