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CLEAN SWEEP PROFESSIONAL v. TALLEY

Record No. 030058.

591 S.E.2d 79 (2004)

267 Va. 210

CLEAN SWEEP PROFESSIONAL PARKING LOT MAINTENANCE, INC., et al. v. Frank TALLEY, Sr.

Supreme Court of Virginia.

January 16, 2004.

Attorney(s) appearing for the Case

Julia B. Judkins (Melissa H. Katz; Trichilo, Bancroft, McGavin, Horvath & Judkins, on brief), Fairfax, for appellants.

Thomas W. Williamson, Jr. (Charles F. Purcell; Michael C. Kildoo, Louisa; Williamson & Lavecchia, Richmond; Purcell & Purcell, Louisa, on brief), for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KINSER, LEMONS, and AGEE, JJ., and CARRICO, S.J.

OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider whether the trial court erred in overruling pleas in bar based upon the exclusivity provisions of the Virginia Workers' Compensation Act, Code § 65.2-100 et seq. ("the Act").

I. Facts and Proceedings Below

In August 1997, Virginia Paving Company ("Virginia Paving") was engaged in the repaving of certain portions of Interstate Highway 95 in Spotsylvania County, under a contract...

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