Rodriguez v. Leesburg Bus. Park, LLC

Ubaldo Rodriguez was an employee the general contractor hired by Leesburg Business Park, LLC (LBP) to construct warehouse buildings on a parcel of undeveloped land owned by LBP. Ubaldo suffered fatal injuries in the course of employment. Cecilia Rodriguez, Ubaldo’s widow and the administrator of his estate, filed a wrongful death action against LBP. LBP filed a plea in bar, which the circuit court granted on the grounds that Cecilia’s claim was barred because Ubaldo was the statutory co-employee of LBP. The Supreme Court reversed. On remand, LBP moved to reconsider its plea in bar, arguing that it was Ubaldo’s statutory employer and that Cecilia’s recovery was limited to Workers’ Compensation benefits only. The circuit court sustained the plea in bar and dismissed the complaint with prejudice. The Supreme Court reversed, holding that Ubaldo’s work at the time of the accident was not part of LBP’s “trade, business, or occupation,” and therefore, LBP was not Ubaldo’s statutory employer at the time of the accident under Va. Code Ann. 65.2-302(A). Remanded. View "Rodriguez v. Leesburg Bus. Park, LLC " on Justia Law