7935048.01-58Virginia Decodedhttps://vacode.org2016Civil Remedies And ProcedureActionsInjuries To Railroad EmployeesContributory negligence no bar to recovery; violation of safety appliance actsCode 1950, § 8-642; 1954, c. 614; 1977, c. 617.John E. Gardner, Jr. v. Aetna Casualty & Surety Company87-2593841 F.2d 821988-03-04https://www.courtlistener.com/opinion/502499/john-e-gardner-jr-v-aetna-casualty-surety-company/ . . . malpractice review panel established as provided in Sec. 8.01-58.1.3. The request for review shall . . . Court of Appeals for the Fourth CircuitO'NEILL v. Windshire-Copeland Associates031824595 S.E.2d 2812004-04-23https://www.courtlistener.com/opinion/1059088/oneill-v-windshire-copeland-associates/ . . . specifically made such a determination in Code § 8.01-58 by providing that contributory negligence . . . <abbr title="Supreme Court of Virginia">SCV</abbr> . . . Wackenhut Applied Technologies Center, Incorporated v. . . . 91-1656979 F.2d 9801992-11-10https://www.courtlistener.com/opinion/595197/wackenhut-applied-technologies-center-incorporated-v-sygnetron-protection/Court of Appeals for the Fourth Circuithttp://law.lis.virginia.gov/vacode/8.01-58//8.01-58/8.01/3/6/8.01-58In all actions brought against any such common carrier to recover damages for personal injuries to any employee or when such injuries have resulted in his death, the fact that such employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee; and no such employee, who may be injured or killed, shall be held to have been guilty of contributory negligence in any case when the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.section1