# City of Waynesboro v. Griffin

> Court of Appeals of Virginia · March 4, 2008 · 51 Va. App. 308

URL: https://www.frixlaw.com/law-library/cases/9524813

## Case

- **Full name:** CITY OF WAYNESBORO and Virginia Municipal Group Self-Insurance Association v. Dewayne W. GRIFFIN
- **Court:** Court of Appeals of Virginia
- **Decided:** March 4, 2008
- **Citations:** 51 Va. App. 308; 657 S.E.2d 782; 2008 Va. App. LEXIS 102
- **Precedential status:** Published
- **Opinion:** Dissent by McCLANAHAN
- **Judges:** Beales, McCLANAHAN, Petty
- **Cited by:** 57 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9524813

## Opinion text

McCLANAHAN, J.,
dissenting.
I see no appreciable distinction between this case and PYA/Monarch v. Harris, 22 Va.App. 215 , 468 S.E.2d 688 (1996). The majority points to differences in PYA/Monarch and the instant case, but such differences are not material to *318 the ratio decidendi of PYA/Monarch . Furthermore, the majority, like the commission, bases its decision on Basement Waterproofing v. Beland, 43 Va.App. 352 , 597 S.E.2d 286 (2004); however, the clear distinction between the instant case and Beland is that here, unlike Beland, the claimant was not in a “uniquely dangerous” position at the time of his injury. Id. at 360 , 597 S.E.2d at 290 ; cf. Turf Care, Inc. v. Henson, 51 Va.App. 318 , 657 S.E.2d 787 (March 4, 2008). For these reasons, I would reverse the commission’s decision in this case. I therefore respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9524813. Public record. Not legal advice.