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HILTON v. MARTIN

Record No. 070091.

654 S.E.2d 572 (2008)

Fred HILTON, Administrator of the Estate of Courtney Leighann Hilton Rhoton, Deceased v. Joshua Phillip MARTIN, et al.

Supreme Court of Virginia.

January 11, 2008.

Attorney(s) appearing for the Case

Julia L. McAfee (Jeffrey A. Sturgill, Wise; Carl E. McAfee; Sturgill & Kennedy, on brief), for appellant.

William M. Stanley (Bird & Stanley, on brief), for appellee Greta Caudill.

James G. Muncie (Angela Fleming Gibbs; Midkiff, Muncie & Ross, on brief), Richmond, for appellee Highlands Ambulance Service.

No brief filed by appellee Joshua Phillip Martin.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and AGEE, JJ., and RUSSELL, S.J.

OPINION BY Senior Justice CHARLES S. RUSSELL.

This action to recover damages for personal injury and resulting death arose from an assault on the victim by a fellow employee "in the course of" their mutual employment. The sole question on appeal is whether the trial court erred in dismissing the plaintiff's case on the ground that it involved an "injury arising out of" her employment and therefore that the Virginia Worker's Compensation Act, Code §§ 65.2...

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