HAYDEN v. KROGER CO.

No. 93-1666.

17 F.3d 74 (1994)

David G. HAYDEN, Plaintiff-Appellant, v. The KROGER COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 22, 1994.


Attorney(s) appearing for the Case

ARGUED: Dennis P. Brumberg, LUTINS & SHAPIRO, Roanoke, Virginia, for Appellant. Melissa Warner Scoggins, Gentry, Locke, Rakes & Moore, Roanoke, Virginia, for Appellee. ON BRIEF: John C. Johnson, Gentry, Locke, Rakes & Moore, Roanoke, Virginia, for Appellee.

Before RUSSELL and HALL, Circuit Judges, and CLARKE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.


OPINION

CLARKE, Senior District Judge:

In this appeal, we must determine whether the district court correctly ruled that a truck driver who injured himself while unloading goods at a warehouse was the warehouse owner's statutory fellow employee under the Virginia Workers' Compensation Act, Va. Code Ann. § 65.2-100, et seq. (Michie Repl. Vol.1991), and was therefore barred from bringing a personal injury action against the owner. Because we agree...

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