GIBBS v. NEWPORT NEWS SHIPBUILDING

Record No. 111870.

733 S.E.2d 648 (2012)

284 Va. 677

Dorthe Crisp GIBBS, Executor of the Estate of Kenneth M. Gibbs, Deceased v. NEWPORT NEWS SHIPBUILDING AND DRYDOCK COMPANY.

Supreme Court of Virginia.

November 1, 2012.


Attorney(s) appearing for the Case

E. Kyle McNew ( Gary W. Kendall ; J. Gregory Webb ; MichieHamlett, Charlottesville, on briefs), for appellant.

Alexandra B. Cunningham ( John D. Epps ; William P. Childress ; Hunton & Williams, Richmond, on brief), for appellee.

Present: KINSER, C.J., LEMONS, MILLETTE, MIMS, McCLANAHAN, and POWELL, JJ., and RUSSELL, S.J.


Opinion by Senior Justice CHARLES S. RUSSELL.

This appeal from an order dismissing an action for wrongful death presents the question whether the decedent, who was serving on active duty with the armed forces of the United States at the time of his injury, was covered by the Virginia Workers' Compensation Act (the Act), Code §§ 65.2-100 through -1310. If his injury, which was the subject of this action, came within...

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