IN THE DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. THOMAS AND ST. JOHN
JAN LUNDQUIST
:
CIVIL ACTION
:
v.
:
No. 11-14
:
ASPLUNDH TREE EXPERT, CO., et al.
:
Appearances
K. Rick Alvis, Esquire
Vincent A. Colianni, II, Esquire
For Plaintiff Jan Lundquist
Simone D. Francis, Esquire
David J. Cattie, Esquire
For Defendant Asplundh Tree Expert, Co.
JUDGMENT
Sánchez, J.
AND NOW, this 14th day of June, 2012, the issues having been tried, and the jury having
rendered a verdict finding (1) Defendant Asplundh Tree Expert, Co. (Asplundh) and settling
tortfeasor Junior Thomas were negligent; (2) Plaintiff Jan Lundquist suffered $140,000.00 in
damages; (3) Asplundh was comparatively responsible for 60% of such damages; and (4) Thomas
was comparatively responsible for 40% of such damages, it is hereby
ORDERED AND ADJUDGED Lundquist is awarded $84,000.00 on her negligence claim
against Asplundh. 
1
 Although Asplundh is jointly and severally liable for the total damages amount pursuant to V.I.
1
Code Ann. tit. 5 § 1451, this amount is reduced by the comparative share of damages attributable
to Thomas because he and Lundquist previously settled Lundquist’s negligence claim against him. 
See Restatement (Third) of Torts: Apportionment of Liab. § 16 (2000).  Therefore, the total damage
amount of $140,000 for which Asplundh is liable is reduced by 40%, resulting in an award of
$84,000.
Case: 3:11-cv-00014-JRS-RM   Document #: 123   Filed: 06/14/12   Page 1 of 2
JUDGMENT is entered in favor of Lundquist and against Asplundh in the amount of
$84,000.00.  
BY THE COURT:
 /s/ Juan R. Sánchez                                        
                                                   
Juan R. Sánchez, J.
  
2
Case: 3:11-cv-00014-JRS-RM   Document #: 123   Filed: 06/14/12   Page 2 of 2