Summar of



Tidgneat



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aetien



en es — - = ue Tt ee or ne ge re ren



IN THE TERRITORIAL COURT OF THE VIRGIN ISLANDS



DIVISION OF ST. CROIX: AT FREDERIKSTED



OLRIC CARRINGTON,



Plainitft CIVIL NO. 686/1982

ACTION FOR DAMAGES

vs.



WINSTON. DAVIS and

ISLAND FURNITURE HOUSE OF

ST. CROIX, INCORPORATED,



Defendants



ALLAN A. CHRISTIAN, ESQUIRE

35 Prince Street



P. O. Box 1577



Frederiksted, St. Croix

U.S. Virgin Islands 00840

(Attornry for the Plaintiff)



GEORGE S. ELTMAN, ESQUIRE



7 King Street



P. O. Box 3009

Christiansted, St. Croix

U.S. Virgin Islands 00820

(Attorney for the Defendants)



PETERSEN, Judge



MEMORANDUM OPINION

Pen nmO-/ , L982



The complaint in this action alleges that the Defendant

operated a vehicle owned by his employer, while in the scope

of his employment, in a reckless and negligent manner and

caused it to collide into fhe rear of Plaintiff's vehicle,

resulting in Plaintiff's injury. The Plaintiff has moved for

Summary Judgment, claiming that the deposition of the

Defendant, and all other pleadings filed herein show Tha

there is no issue as to the Defendant's liability. The

Defendant opposes this motion arguing that there is a genuine

issue of fact as to the Defendant's negligence.



An order granting Summary Judgment in favor of a moving

party is proper only when it is clear that there are no

genuine issues of material fact to be resolved in the case.

F.R.C.P. Rule 56, 5 V.I.C. App.I Rule 56. As is stated in 10



C. Wright & A. Miller, Federal Practice and Procedure, Civil,



Section 2729 (1973), “a motion for summary judgment under Rule

CARRINGTON vs.



DAVIS and ISLAND FURNITURE HOUSE



CIVIL NO.



686/1982



ACTION FOR DAMAGES



Page 2



56



oes



is not commonly interposed,



and even less frequently



granted, in negligence actions ...." Negligence is the failure



to act as an ordinarily prudent person would act under the



same or Similar circumstances.



As the concepts of negligence



and reasonableness are elusive,



and the readonable person



|



full



of



all



the



standard



usually



requires



a



analysis



underlying



facts



and



considired



circumstances,



Summary



Judgment is generally inappropriate.



After due consideration herein this Court concludes that



Plaintiff's Motion for Summary Judgment must be DENIED.



=



CO emg



EILEEN R. PETERSEN, Judge



1



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