After the plaintiff—a tractor-trailer driver employed by an interstate motor carrier—slipped and fell in the defendant’s tractor-trailer service area while having his tractor’s oil changed, the plaintiff received workers’ compensation benefits. The plaintiff then filed suit against the defendant in Virginia Circuit Court, seeking over a million dollars in damages. The plaintiff’s employer had an in-house maintenance department, and the defendant provided tractor-trailer maintenance services as well. Because of this, Frith Anderson + Peake argued that the defendant was not an “other party” under the Virginia Workers’ Compensation Act and the court lacked subject-matter jurisdiction over the plaintiff’s suit. After the parties briefed and argued the motion to dismiss, the court issued a letter opinion granting the defendant’s motion to dismiss.
Phil is a founding partner of FA+P and is a general civil-litigation attorney who concentrates his practice in the areas of professional liability, general property and casualty, insurance coverage, and commercial litigation. Andy is also a civil-litigation attorney with a focus in the areas of insurance defense; insurance coverage; premises liability; legal malpractice; professional liability; community associations; and architect, engineer, and contractor liability.