YELLOW FREIGHT SYSTEMS v. COURTAULDS

Record No. 022244.

580 S.E.2d 812 (2003)

266 Va. 57

YELLOW FREIGHT SYSTEMS, INC. v. COURTAULDS PERFORMANCE FILMS, INC., et al.

Supreme Court of Virginia.

June 6, 2003.


Attorney(s) appearing for the Case

S. Vernon Priddy, III (Sands, Anderson, Marks & Miller, on briefs), Richmond, for appellant,

James K. Cowan, Jr. (Joseph M. Rainsbury; Richard Cranwell; H. Keith Moore; Flippin, Densmore, Morse & Jessee; Cranwell, Moore & Bullington, on brief), West Vinton, for appellees.

Present: All the Justices.


Opinion by Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we consider whether the trial court properly ruled that a petition filed under Code § 65.2-310 in a civil action by an employer seeking to enforce subrogation rights for workers' compensation benefits paid was untimely.

BACKGROUND

The essential facts are not in dispute. On January 28, 1998, Milton Earl Oakley (Oakley), a driver for Yellow Freight Systems, Inc. (Yellow Freight), was injured...

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