Johnson v. Jefferson National Bank

3 Citing cases

  1. Bowling v. Wellmore Coal Corporation

    114 F.3d 458 (4th Cir. 1997)   Cited 6 times
    Discussing Shell Oil and Smith v. Horn, and concluding that "Bowling's hauling of coal is 'obviously a subcontracted fraction of a main concern'"

    To support his claim that Smith is no longer good law, Bowling points to the Virginia Supreme Court's language where it simply expressed that it would not use the same criteria to evaluate whether a claimant was engaged in the business of a private owner as it used with regard to an owner which was a public entity. Johnson v. Jefferson National Bank, 422 S.E.2d 778, 780 n. 1 (Va. 1992). From this notation in Johnson, Bowling reasons that, since Smith cited Anderson v. Thorington Construction Co., 110 S.E.2d 396 (Va. 1959), with approval, and since the owner in Anderson was a public entity (the Richmond-Petersburg Turnpike Authority), then Smith "is no longer authoritative on the issue of a private owner's `trade, business or occupation.'" Br. of Appellant at 18.

  2. Jones v. Commonwealth

    267 Va. 218 (Va. 2004)   Cited 12 times
    Noting that, pursuant to statute, a state university's board of visitors was "charged with the care and preservation of all property belonging to the [u]niversity"

    The characteristics of the University informing our decision in that case are the same here. Although we did not use the specific term "governmental entity" in Phillips, certainly an entity that is established by statute, is governed and controlled solely by the General Assembly, owns property through money appropriated by the General Assembly, and whose very essence is public use and service is a governmental entity, is to be treated in the same manner as municipalities for the purposes of the Act. In a situation in which an employee of an independent contractor sues a private entity that owns a project, we have applied the "normal work test" to determine whether the injured party was engaged in the trade, business, or occupation of the owner at the time of his or her injury. See Bassett Furniture Indus., Inc. v. McReynolds, 216 Va. 897, 902-03, 224 S.E.2d 323, 326-27 (1976); Johnson v. Jefferson Nat'l Bank, 244 Va. 482, 485, 422 S.E.2d 778, 780 (1992). However, the normal work test does not apply to the determination of the trade, business, or occupation of a governmental entity.

  3. Masterson v. Am. Heavy Indus.

    Civil Docket No. CL09-7205 (Va. Cir. Ct. Apr. 12, 2012)

    Indeed, on numerous occasions the Supreme Court has cautioned just the opposite. A sampling of cases broken down categorically as follows: (1) Pyramid Cases:Clean Sweep Professional Parking Lot Maintenance, Inc. v. Talley, 267 Va. 210, 591 S.E.2d 79 (2004); Pfeifer v. Krauss Construction of Va., Inc., 262 Va. 262, 546 S.E.2d 717 (2001); Nichols v. VVKR, Inc., et al., 241 Va. 516, S.E.2d 698 (1991); Evans v. Hook, 239 Va. 127, 387 S.E.2d 777 (1990); Smith v. Horn, 232 Va. 302, 351 S.E.2d 149 (1986); Anderson v. Thorington Construction Company, Inc., 201 Va. 266, 110 S.E.2d 396 (1959); Lincoln v. International Speedway Corp., 59 Va. Cir. 133 (Richmond Cir. 2002); (2) Ascending Cases:Henderson v. Central Tel. Co., 233 Va. 377, 355 S.E.2d 596 (1987); Bassett Furniture v. McReynolds, 216 Va. 897, 224 S.E.2d 323 (1976); Johnson, et al. v. Jefferson National Bank, 244 Va. 482, 422 S.E.2d 778 (1992); Cinnamon v. International Business Machines, 238 Va. 471, 384 S.E.2d 618 (1989); Shell Oil Co. v. Leftwich, 212 Va. 715, 187 S.E.2d 162 (1972); Sears, Roebuck & Co. v. Wallace, 172 F.2d. 802, 810 (4th Cir. 1949); Fose v. Gwaltney of Smithfield, 67 Va. Cir. 347 (Portsmouth Cir. 2005); Baker v. Rubbermaid Commercial Products, Inc., 30 Va. Cir. 147 (Winchester Cir. 1993); Pendleton v. Harcos Lumber & Building Supplies, Inc., 47 Va. Cir. 455 (Roanoke Cir. 1998); (3) Descending Cases:Stewart v, Bass Construction Company, Inc., 223 Va. 363, 288 S.E.2d 489 (1982); Fowler v. International Cleaning Service, Inc., 260 Va. 421, 537 S.E.2d 312 (2000); Stone v. Door-Man Manufacturing Co., 260 Va. 406, 537 S.E.2d 305 (2000); Anderson v. Dillow, 262 Va. 797, 553 S.E.2d 526 (2001); Farish v. Courion Industries, Inc., et al., 722 F.2d. 74 (4th Cir. 1983); Doane, et al. v. E.I. Dupont De Nemours & Co. Inc., 209 F.2d 921 (4th Cir. 1954). Note that in a 1983 "descending case", the Fourth Circuit obser