HUDSON v. JARRETT

Record No. 040433.

606 S.E.2d 827 (2005)

269 Va. 24

James HUDSON v. Otha JARRETT, et al.

Supreme Court of Virginia.

January 14, 2005.


Attorney(s) appearing for the Case

William D. Breit (Miller & Associates, on briefs), Virginia Beach, for appellant.

Lawrence P. Postol, Washington, DC; Philip N. Davey, Norfolk (R. Arthur Jett, Jr.; Mark E. Newcomb; Seyfarth Shaw; Davey & Brogan, on briefs), for appellees.

Amicus Curiae: Virginia International Terminals, Inc. (F. Nash Bilisoly; Lisa L. Thatch; Vandeventer Black, on brief), in support of appellees.

Present: All the Justices.


LACY, Justice.

James Hudson, Jr. filed a tort action against Otha Jarrett for injuries Hudson received while he was unloading cargo from a barge docked at a terminal operated by Virginia International Terminals, Inc. (VIT). At the time of the accident Jarrett was unloading cargo from another vessel. The trial court dismissed Hudson's motion for judgment holding that VIT was the statutory employer of both Hudson and Jarrett and therefore the exclusivity provision of...

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