Moore v. Va. Int'l Terminals
Annotate this CaseHugh Britt, an employee of CP&O, LLC, was fatally injured while loading and unloading cargo at the Norfolk International Terminals (NIT) when a straddle carrier that Orion Parker, a stevedore employed by VIT, was operating ran into the side of the container being pulled by the hustler operated by Britt. Virgil Moore, as administrator of Britt's estate, filed a wrongful death action against Parker and Virginia International Terminals (VIT), asserting negligence and premises liability claims. VIT and Parker filed a plea in bar seeking the dismissal of the action on the basis that the Virginia Port Authority (VPA) serves as the statutory employer of the CP&O and VIT employees loading and unloading vessels at NIT, and therefore, Moore's claims were barred by the exclusivity provisions of the Virginia Workers' Compensation Act (Act). The circuit court determined that the parties were statutory employees of the VPA and sustained the plea in bar. The Supreme Court reversed, holding that the circuit court erred in its ruling that the parties were statutory employees of the VPA and therefore subject to the exclusivity provisions of the Act.
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