From Casetext: Smarter Legal Research

Evans v. Newport News Shipbuilding Dry Dock

United States Court of Appeals, Fourth Circuit
May 11, 1966
361 F.2d 364 (4th Cir. 1966)

Opinion

No. 10354.

Argued May 2, 1966.

Decided May 11, 1966.

Urban A. Lester, Washington, D.C. (Albert H. Greene, Washington, D.C., Robert L. Murphy, Alexandria, Va., Robert M. Stefanon, Greensburg, Pa., and Larson Greene, Washington, D.C., on brief), for appellant.

Phillips M. Dowding, Newport News, Va., for appellee.

Before BRYAN and BELL, Circuit Judges, and FIELD, District Judge.


For serious personal injuries suffered by Wendell Evans on July 16, 1962 while working as a welder in the erection of cranes at the Virginia shipyard of the Newport News Shipbuilding and Dry Dock Company, he sued for damages, alleging the company's negligence as the cause of the accident. At the time, he was in the employ of McLean Contracting Company, which had been engaged by the shipbuilding company to install two cranes. The action was dismissed — and rightly we think — on Shipbuilding's motion for summary judgment.

Decision was grounded on the Virginia Workmen's Compensation Act, Code of 1950, as amended, §§ 65-26 and 65-37, declaring an employee's right to compensation under this statute to be his exclusive remedy. The Act bars suit by an employee of a contractor or sub-contractor against the owner of the project if the employee is injured in work which is "a part of the [owner's] trade, business or occupation". Concededly the requirements of the Act have been met and the plaintiff Evans has accepted its benefits.

The record discloses no genuine issue upon the material facts in the case and they bring him squarely within the Act. Hence his sole remedy is the recovery of statutory compensation. This was the view of the District Court in dismissing the action.

Affirmed.


Summaries of

Evans v. Newport News Shipbuilding Dry Dock

United States Court of Appeals, Fourth Circuit
May 11, 1966
361 F.2d 364 (4th Cir. 1966)
Case details for

Evans v. Newport News Shipbuilding Dry Dock

Case Details

Full title:Wendell EVANS, Appellant, v. NEWPORT NEWS SHIPBUILDING DRY DOCK COMPANY…

Court:United States Court of Appeals, Fourth Circuit

Date published: May 11, 1966

Citations

361 F.2d 364 (4th Cir. 1966)

Citing Cases

Mathes v. Davis

also settled that an employer is liable to pay compensation for any aggravation of the original injury, even…

Laffoon v. Bell Zoller Coal Co.

The cases under such statutes consistently grant immunity from common law suit to the statutory employer.…