Sears roebuck & Co. v. Martin; Va Court of Appeals, record no. 2168-10-3

Charles M. Aaron

Case Conclusion Date:May 10, 2011

Practice Area:Workers Compensation

Outcome:Affirmed for Claimant

Description:Martin was injured while inside customer loading area when 3rd party hit gas rather than brake and injured Martin. Sears argued that Martin wasn't at greater risk than general public in the area, who were always present, therefor his injury didn't "arise out of his employment". Duputy Commissioner, then full Worker's Comp. Commission found for Martin. Sears appealed to Court of Appeals who affirmed for Martin.Charles Aaron was representing Martin in 3rd party liability suit.

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