BUTLER v. SOUTHERN STATES CO-OP., INC.

Record No. 050022.

620 S.E.2d 768 (2005)

270 Va. 459

Michelle M. BUTLER v. SOUTHERN STATES COOPERATIVE, INC., et al.

Supreme Court of Virginia.

November 4, 2005.


Attorney(s) appearing for the Case

Peter C. Cohen (Elaine C. Bredehoft; Jennifer A. Harper; Charlson, Bredehoft & Cohen, on briefs), Reston, for appellant.

Laura D. Windsor, Cheyenne, WY, (David E. Constine, III; Laura G. Fox; Troutman Sanders, on briefs), Richmond, for appellees.

Present: All the Justices.


KOONTZ, Justice.

In this appeal, the dispositive issue is whether the Circuit Court of Loudoun County (trial court) erred in sustaining special pleas in bar to a motion for judgment filed by an employee against her co-employee and employer on the ground that the assault for which damages were sought was an injury by accident that arose out of and in the course of the employment. Based on the facts as alleged in the motion...

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