Argued: October 30, 2014.
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Chief District Judge. (2:13-cv-00155-RBS-DEM).
Earl Stanley Murphy, MOODY LAW FIRM, Portsmouth, Virginia, for Appellant.
Danielle D. Giroux, HARMAN, CLAYTOR, CORRIGAN & WELLMAN, Richmond, Virginia, for Appellee.
Stanley P. Wellman, HARMAN, CLAYTOR, CORRIGAN & WELLMAN, Richmond, Virginia, for Appellee.
Before NIEMEYER and GREGORY, Circuit Judges, and DAVIS, Senior Circuit Judge. Judge Gregory wrote the opinion, in which Judge Niemeyer and Senior Judge Davis joined.
GREGORY, Circuit Judge:
James Thomas Demetres (" Demetres" ) appeals the district court's dismissal of his personal injury suit against East West Construction, Inc. (" East West" ) for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). For the reasons stated herein, we affirm the judgment of the district court.
Demetres is a resident and citizen of North Carolina. His direct employer, Ashland Construction Co. (" Ashland" ), is a North Carolina corporation. East West is a Virginia corporation. In March of 2011, Ashland hired East West as a subcontractor to prepare a site in Virginia Beach for construction of a CVS Pharmacy, and designated Demetres as the superintendent.
At the jobsite on March 28, 2011, a bulldozer, which was operated by an employee of East West, backed over Demetres, resulting in significant injuries and nearly killing him. Demetres subsequently received workers' compensation benefits ...