Demetres v. East West Construction, Inc., No. 14-1180 (4th Cir. 2015)Annotate this Case
Plaintiff filed a personal injury suit against East West after he was nearly killed in a bulldozer accident. Plaintiff's direct employer is Ashland and Ashland hired East West as a subcontractor. The court affirmed the district court's dismissal of the complaint for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) where plaintiff's action is barred by the Virginia Workers' Compensation Act (VWCA), Va. Code Ann. 65.2-307, because plaintiff's injury occurred in Virginia and East West is a statutory co-employee under Virginia law.