Johnson v. Jefferson National Bank

3 Citing cases

  1. Gobble v. International Paper Company

    207 F. Supp. 2d 423 (M.D.N.C. 2002)

    To the extent that Defendant now tries to extend Henderson to include private entities, the Court notes that a 1992 Virginia Supreme Court case forecloses such an interpretation. In Johnson v. Jefferson Nat'l Bank, 244 Va. 482, 422 S.E.2d 778 (1992), the Virginia Supreme Court stated that, when determining whether the defendant bank was a statutory employer, the Henderson "test is inapplicable here because the Bank is not a public entity." Johnson, 244 Va. at 485 n. 1, 422 S.E.2d at 780;see also Bowling v. Wellmore Coal Corp., 114 F.3d 458, 463 (4th Cir. 1997) ("The footnote in Johnson . . . simply indicates the court's decision not to apply to private owners the rules used to decide whether a public owner is a statutory employer.").

  2. 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.

  3. Thomas v. Stone Container Corp.

    922 F. Supp. 950 (S.D.N.Y. 1996)   Cited 19 times
    Finding the plaintiff's affidavit asserting that he understood a purported fact to be true was insufficient to create an issue of fact

    " 216 Va. at 903, 224 S.E.2d at 327.Johnson v. Jefferson National Bank, 244 Va. 482, 487, 422 S.E.2d 778, 780 (1992), is to the same effect, holding that employees of a painting contractor engaged to paint a bank building at great height and under unusual working conditions were not statutory employees of the bank because the bank's own maintenance employees did not do painting work under comparable conditions. See also Farish v. Courion Industries, Inc., 722 F.2d 74, 79-80 (4th Cir. 1983); Cinnamon v. International Business Machines Corp., 238 Va. 471, 479, 384 S.E.2d 618, 622 (1989); Oakwood Hebrew Cemetery Association v. Spurlock, No. 1978-91-2, slip op. at 7-10, 1992 WL 441851 (Va.App. Aug. 18, 1992).