In April 2019, Phil Anderson and Andy Gerrish secured the dismissal of a slip-and-fall suit in Virginia circuit court. The plaintiff was a tractor-trailer driver who fell in a service bay of a tractor-trailer-maintenance shop while the shop was changing his oil. FA+P argued—and the trial court held—that the shop was not an “other party” subject to suit under the Virginia Workers’ Compensation Act. Accordingly, the Workers’ Compensation Act barred the plaintiff’s claims, and the trial court dismissed the suit with prejudice.
The plaintiff petitioned the Supreme Court of Virginia for an appeal writ. After the parties briefed the petition, the Supreme Court of Virginia refused the petition, finding no error in the trial court’s ruling.