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State court of last resort · ST-VA-SC
Giordano v. McBar Industries, Inc.
No. 111771Supreme Court of Virginia
111771 Giordano v. McBar Industries, Inc. 06/07/2012 In a wrongful death action, the circuit court did not err in holding that the exclusive remedy provision of the Virginia Workers' Compensation Act, Code § 6…
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111771 Giordano v. McBar Industries, Inc. 06/07/2012 In a wrongful death action, the circuit court did not err in holding that th…
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- Supreme Court of Virginia
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- October 4, 2026
- Last entry
- June 7, 2012
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111771 Giordano v. McBar Industries, Inc. 06/07/2012 In a wrongful death action, the circuit court did not err in holding that the exclusive remedy provision of the Virginia Workers' Compensation Act, Code § 65.2-307(A), bars a non-dependent individual who is not eligible to collect benefits under the Act from bringing an action in tort. However, the trial court erred in holding that this provision of the Act bars an action in tort against the supplier of a product used in the construction process who was not engaged in the trade, business, or occupation of the decedent's employer and was thus an "other party" to whom the exclusivity provision does not apply. The judgment is affirmed in par…
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Affirmed
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111771 Giordano v. McBar Industries, Inc. 06/07/2012 In a wrongful death action, the circuit court did not err in holding that the exclusive remedy provision of the Virginia Workers' Compensation Act, Code § 65.2-307(A), bars a non-dependent individual who is not eligible to collect benefits under the Act from bringing an action in tort. However, the trial court erred in holding that this provision of the Act bars an action in tort against the supplier of a product used in the construction process who was not engaged in the trade, business, or occupation of the decedent's employer and was thus an "other party" to whom the exclusivity provision does not apply. The judgment is affirmed in par…
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