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Demetres v. East West Construction, Inc.

United States Court of Appeals, Fourth Circuit

January 15, 2015

JAMES THOMAS DEMETRES, Plaintiff - Appellant,
v.
EAST WEST CONSTRUCTION, INC., Defendant - Appellee

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).

ARGUED:

Earl Stanley Murphy, MOODY LAW FIRM, Portsmouth, Virginia, for Appellant.

Danielle D. Giroux, HARMAN, CLAYTOR, CORRIGAN & WELLMAN, Richmond, Virginia, for Appellee.

ON BRIEF:

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.

OPINION

Page 272

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.

I.

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 ...


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