On June 7, 2012, the Virginia Supreme Court in Napper v. ABM Janitorial Servs. – Mid Atlantic, Inc., No. 111300 (Va. Jun. 7, 2012), held that an Arlington County tenant’s employee was entitled to maintain a personal injury suit against the building janitors for slipping and falling in a lobby puddle. In that special case, Defendants unsuccessfully sought to interpose a Workers’ Compensation bar, claiming the tenant and janitorial employees were “statutory employees”.