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Legal Memorandum: Negligence Action for Recovery of Damages

Issue: What law governs whether subject matter jurisdiction will be conferred on a Virgin Islands court in a civil negligence action for recovery of damages for personal injuries?

Area of Law: Litigation & Procedure, Personal Injury & Negligence
Keywords: Civil negligence action; Subject matter jurisdiction; Recovery of damages for personal injuries
Jurisdiction: Virgin Islands
Cited Cases: None
Cited Statutes: 4 V.I.C. § 76(a), § 32(a)
Date: 07/01/2008

In a civil negligence action for the recovery of damages for personal injuries, subject matter jurisdiction is conferred on the Superior Court for such actions by 4 V.I.C. § 76(a).

Jurisdiction over all appeals arising from final orders of the Superior Court is conferred on the Supreme Court by 4 V.I.C. § 32(a).

The appellate standard of review for a trial court’s grant of summary judgment is plenary.  Saldana v. Kmart Corp., 260 F.3d 228, 231 (3d Cir. 2001).

The appellate standard of review for denial of a motion to reconsider is plenary when the denial is based on an interpretation or application of a legal precept.  Lucan Corp. v. Robert L. Merwin & Co., No. CIV 2007-15 (V.I. Jan. 7, 2008).

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