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GIORDANO v. McBAR INDUSTRIES, INC.

Record No. 111771.

729 S.E.2d 130 (2012)

284 Va. 259

Martha R. GIORDANO, as Personal Representative of Scott Alexander Giordano, Deceased v. McBAR INDUSTRIES, INC., et al.

Supreme Court of Virginia.

June 7, 2012.

Attorney(s) appearing for the Case

Michael H. Gladstone , Richmond ( J. Farrest Taylor ; McCandlish Holton ; Cochran, Cherry, Givens, Smith, Lane and Taylor, on briefs), for appelant.

Robert G. Harrington , Richmond, for appellee, E.C. Couch Builder, Inc.

Benjamin T. Owings, II ( Taylor Walker , Richmond, on brief) for appellees, Virginia Builders' Supply, Inc. and A. Bertozzi, Inc.

Steven W. Bancroft ( Nicholas J. Lawrence ; Bancroft, McGavin, Horvath & Judkins, Fairfax, on brief), for appellee McBar Industries, Inc.

Present: All the Justices.

OPINION BY Justice CLEO E. POWELL.

In this appeal from a judgment in a wrongful death action, we consider whether the circuit court erred in holding that the exclusivity provision of the Virginia Workers' Compensation Act (the "Act") bars a non-dependent individual who is not eligible to collect benefits under the Act from bringing an action in tort. We further consider whether the circuit court erred in holding that this...

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