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Legal Memorandum: Summary Judgment in a Negligence Case

Issue: When is summary judgment appropriate in a negligence case?

Area of Law: Litigation & Procedure, Personal Injury & Negligence
Keywords: Summary judgment; Negligence case
Jurisdiction: Virgin Islands
Cited Cases: 664 A.2d 139
Cited Statutes: None
Date: 04/01/2006

Summary judgment is usually inappropriate in negligence cases because application of the reasonable person standard generally requires full exposition of the underlying facts and circumstances.  Jeffrey v. Caesar, No. 845/1995 (V.I. Terr. Ct. Jan. 14, 1998) (denying motion for summary judgment in negligence case).  Similarly, summary judgment is not appropriate when there is a dispute as to which party possessed the land on which the negligence occurred, the question of whether the easement holder was the possessor of the land being a question for the finder of fact.  Blackman v. Federal Realty Inv. Trust, 664 A.2d 139, 142 (Pa. Super. Ct. 1995).

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