Supreme Court of Virginia March 12, 1982, Record 791251 (Stewart v. BASS CONST. CO., INC.)

STEPHENSON, J.,

delivered the opinion of the Court.

Herbert E. Stewart filed this action at law against Bass Construction Company, Inc., seeking damages for a personal injury which he alleged resulted from Bass’s negligence. Bass moved to dismiss the suit on the ground that Stewart’s sole right to recovery was under the Virginia Workmen’s Compensation Act.