IN THE DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. CROIX 
 
 
SORIA WARNER, 
 
Plaintiff, 
 
v. 
 
 
KMART CORPORATION, 
 
                                    Defendant. 
 
 
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CIVIL NO. 2005-0128 
 
 
 
  
 
 
 
ORDER 
FINCH, SENIOR JUDGE 
 
 
THIS MATTER comes before the Court on a Motion for Summary Judgment filed by 
Defendant Kmart Corporation.  Plaintiff Soria Warner opposes such Motion.  After careful 
consideration and for the reasons stated in the accompanying Memorandum Opinion, it is hereby 
 
ORDERED that, with respect to Plaintiff’s claim for assault and battery as alleged in 
Count 1, Defendant’s Motion for Summary Judgment is DENIED; it is further 
 
ORDERED that, with respect to Plaintiff’s Title VII claims for hostile work environment 
and retaliation as alleged in Count 2, Defendant’s Motion for Summary Judgment is DENIED; it 
is further 
 
ORDERED that, with respect to Plaintiff’s claim for violation of the Virgin Islands civil 
rights statute 10 V.I.C. § 64 as alleged in Count 3, Defendant’s Motion for Summary Judgment is 
GRANTED; it is further 
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ORDERED that, with respect to Plaintiff’s claim for negligent or knowing employment 
creating an undue risk of harm as alleged in Count 4, Defendant’s Motion for Summary 
Judgment is GRANTED; it is further 
 
ORDERED that, with respect to Plaintiff’s claim for intentional infliction of emotional 
distress as alleged in Count 5, Defendant’s Motion for Summary Judgment is DENIED; it is 
further 
 
ORDERED that, with respect to Plaintiff’s claim for negligent infliction of emotional 
distress as alleged in Count 5, Defendant’s Motion for Summary Judgment is GRANTED; it is 
further 
 
ORDERED that, with respect to Plaintiff’s claim for intentional misrepresentation as 
alleged in Count 6, Defendant’s Motion for Summary Judgment is DENIED; it is further 
 
ORDERED that, with respect to Plaintiff’s claim for negligent misrepresentation as 
alleged in Count 6, Defendant’s Motion for Summary Judgment is GRANTED; it is further 
 
ORDERED that, with respect to Plaintiff’s claim for constructive discharge as alleged in 
Counts 7 and 8, Defendant’s Motion for Summary Judgment is GRANTED; it is further 
 
ORDERED that, with respect to Plaintiff’s claim for punitive damages as alleged in 
Counts 9, Defendant’s Motion for Summary Judgment is DENIED. 
 
 
ENTERED this 27th day of May, 2009. 
 
 
 
 
 
 
 
________________/s/_____________________ 
HONORABLE RAYMOND L. FINCH 
 
SENIOR U.S. DISTRICT JUDGE
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