Peter Moore (Partner-McLean, VA) and Sung Che Jo (Associate-McLean, VA) successfully argued and obtained a ruling granting their plea in bar and dismissing all claims against client tree removal company in the Circuit Court for Nottoway County, Virginia. The accident occurred while our client performed tree removal services along the highway after an ice storm in Virginia. The plaintiff, who was monitoring the work, was struck by a tree cut by one of our client’s employees and sustained significant head injuries and broken bones, and alleged permanent disability. Peter and Sung Che demonstrated that the plaintiff and our client were both subcontractors employed by the Commonwealth of Virginia through various primaries, and therefore, they were statutory co-employees subject to workers’ compensation exclusivity pursuant to the Virginia Workers’ Compensation Act. The plaintiff argued that the parties were not statutory co-employees because Virginia is not in the business of tree removal, but Peter and Sung Che successfully argued that the test to determine statutory employer is broader in the context of employment by a government entity. The court agreed and granted the plea in bar. This is a significant win for our client because the case involved several contractors and subcontractors involved in the project and threatened to subject our client to extensive discovery and expenses, as well as exposure to millions of dollars in claimed damages.