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SIMMS v. RUBY TUESDAY, INC.

Record No. 091762.

704 S.E.2d 359 (2011)

Matthew Edward SIMMS v. RUBY TUESDAY, INC., et al.

Supreme Court of Virginia.

January 13, 2011.

Attorney(s) appearing for the Case

Diane C.H. McNamara, Manassas, for appellant.

Kathryn Lea Harman (Semmes, Bowen & Semmes, Vienna, on brief), for appellees.

Virginia Trial Lawyers Association ( Craig B. Davis ; Wesley G. Marshall ; Emroch & Kilduff, Richmond, on brief), in support of appellant.

Present: HASSELL, C.J., KOONTZ, KINSER, GOODWYN, MILLETTE, and MIMS, JJ., and RUSSELL, S.J.

OPINION BY Justice S. BERNARD GOODWYN.

In this appeal of a worker's compensation proceeding, we consider whether the actual risk test analysis articulated in Hilton v. Martin, 275 Va. 176, 654 S.E.2d 572 (2008), materially changed the "innocent victim of horseplay" law previously articulated and applied by the Court of Appeals of Virginia and the Virginia Workers' Compensation Commission.

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