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IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX AISHA PAYNE Plaintiff, | SX-11-CV-448 Vv. ACTION FOR DAMAGES JOHN P. CHARLES, Defendant. | JURY TRIAL DEMANDED MEMORANDUM OPINION BEFORE THE Court is Defendant John P. Charles (hereinafter “Defendant” or “Charles”) Renewed Motion for Judgment as a Matter of Law (hereinafter “Motion”) filed May 17, 2016.' Plaintiff Aisha Payne (hereinafter “Plaintiff” or “Payne”) filed an opposition (hereinafter “Opposition”) on May 24, 2016 and a Motion for Entry of Judgment and Interest on May 30, 2017. For the following reasons, Charles’ Motion will be denied and judgment will be entered in favor of Payne. BACKGROUND This personal injury matter arose out of a slip and fall. On or about June 9, 2010, Payne rented an upstairs apartment owned by Charles located on # 4 East Street, Frederiksted, St. Croix.” Payne repeatedly reported to Charles that “the stairs leading from her apartment were slippery.”? The indoor covering on the stairs was not suitable ' Charles’ Motion did not include a motion for a new trial. 2 Compl. fff 4-6. 3 Compl. 6-8. Payne v. Charles SX-11-CV-448 MEMORANDUM OPINION for outdoor use.’ Charles “represented that he would place non skid on the stairs”... but he failed to “correct [the] unsafe condition.” On June 9, 2010, while leaving her apartment and walking down the stairs which were wet from the rain, Payne slipped and fell down the stairs.° Payne was four and a half months pregnant at the time of her fall; and as a result of the fall, she sustained physical injuries and the loss of her baby.’ On September 27, 2011, Payne filed the instant action. The matter came before the court for a jury trial on April 18, 2016. On April 20, 2016, the jury returned a verdict. The jury found that Charles was negligent and that his negligence was the proximate cause of the injuries sustained by Payne. Payne was awarded a total of $105,000.° STANDARD OF REVIEW Renewed Motion for Judgment as a Matter of Law A motion for judgment as a matter of law is governed by Virgin Islands Rule of Civil Procedure 50.° “A motion for judgment as a matter of law may be made at any time 4 Compl. 4 7. > Compl. 9 8-9. § Compl. J§ 10-11. 7 Compl. J 12. ® $105,000 damages jury award = $50,000 in non-economic damages in the past, $8,000 in non-economic damages in the future, $25,000 in past medical and health care costs, $10,000 in future medical and heathcare costs, $2,000 for past loss of income, and $10,000 for future loss of income and earning capacity. ° Before the adoption of the Virgin Islands Rules of Civil Procedure, Federal Rule of Civil Procedure 50 made applicable to the Superior Court through Superior Court Rue 7, governed motions for judgment as a matter of law. The standard of review articulated in Virgin Islands Rule of Civil Procedure 50 is virtually identical to the language of, Federal Rule of Civil Procedure 50. Ergo, although this action commenced before the adoption of the Virgin Islands Rule of Civil Procedure, application of the new rules would not be “infeasible or [] work an injustice.” See Edwards v. Hess Oil Virgin Islands Corporation, 2017 V.1. LEXIS 94, *5 n.3. (The Supreme Court of the Virgin Islands promulgated the Virgin Islands Rules of Civil Procedure on April 3, 2017. See generally In re: Adoption of the V.1. Rules of Civ. P., Prom No. 2017-002, 2017 V.L. Supreme LEXIS 22 (V.I. Apr. 3, 2017). The rules took effect March 31, 2017. See id. at *1- 2. Pursuant to Rule 1-1, the new rules govern all civil actions pending on March 31, 2017, unless the Supreme Court declares otherwise or a Superior Court judge “makes an express finding that applying” the Payne v. Charles SX-11-CV-448 MEMORANDUM OPINION before the case is submitted to the jury. The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment.”!° Under Rule 50(a)(1)(B), If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, the court may grant a motion for judgment as a matter of law against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue.!! “If the court does not grant a motion for judgment as a matter of law, “the movant may file a renewed motion for judgment as a matter of law and may include an alternative or joint request for a new trial under Rule 59 no later than 28 days after the entry of judgment.”'? “Motions for judgment as a matter of law should be granted sparingly, and only when, viewed in the light most favorable to the non-moving party, the evidence is insufficient for a reasonable jury to find liability.”!3 “The Court does not sit as a trier of fact when making its determination on a motion for judgment as a matter of law.”’* “Hence, it is impermissible for the Court to weigh evidence, determine witness credibility, or substitute its own version of the facts for that of the jury.”!> “The Court's only concern is the sufficiency of the evidence.”!* “In ruling on the renewed motion, the court may (1) allow judgment on the verdict, if the jury returned a verdict; (2) order a new trial; or (3) direct the entry of judgment as a matter of law.”?!” new rules “in a particular previously-pending action would be infeasible or would work an injustice.” V.I. R. Civ. P. 1-1(c)(2)(B)). v1. R. CIV. P. 50(a)(2). "VIR. CIV. P. 50(a)(1)(B). VIR. CIV. P. 50(b). '3 See Royer v. Coastal Air Transport, 2015 V.1. LEXIS 147, *3 (citing Chestnut v. Goodman, 59 V.1. 467, 475 (V.I. 2012)). 14 ld. 15 la. 16 ld. VIR. CIV. P. 50(b)(1)-(3). Payne v. Charles SX-11-CV-448 MEMORANDUM OPINION DISCUSSION In his Motion, Charles argues that he is entitled to judgment as a matter of law because “[u]nder the lease agreement, plaintiff release and hold Defendant harmless for all claims.”'® In her Opposition, Payne argues that Charles failed to meet his burden or establish any basis as to why judgment as a matter of law should be granted. In his Motion, Charles asserts that he is entitled to judgment as a matter of law because “[u]nder the lease agreement, plaintiff release and hold Defendant harmless for all claims” and that “[b]ecause Plaintiff claims to be a tenant under the Lease, she is barred from recovery by the terms of the Lease.””!? Charles does not support this assertion with any Virgin Islands law or binding authority to show that he is entitled to judgment as a matter of law. Consequently, Charles failed to meet his burden to show that the evidence is insufficient for a reasonable jury to find liability. 7° CONCLUSION Based on the foregoing analysis, Charles’ Motion will be denied. Charles failed to argue any law or binding authority to show that the evidence is insufficient for a reasonable jury to find liability and that he is entitled to judgment as a matter of law. '8 Mot. at 3. 19 Mot. at 3-4. 20 Gerald v. R.J. Reynolds Tobacco Co., 2017 V.1. LEXIS 150, *37 (noting that a bare assertion made without citing any legal authority is not properly before the court); see Simpson v. Golden, 56 V.I. 272, 280 (V.L 2012)(‘The rules that require a litigant to brief and support his arguments... before the Superior Court, are not mere formalistic requirements. They exist to give the Superior Court the opportunity to consider, review, and address an argument”); Bertrand, 63 V.I. at 782(“[S]imply stating a principle of law without any argument or explanation of how it applies to the case at hand is not sufficient to fairly present the issue to the Superior Court”) (citing Yusuf'v. Hamed, 59 V.I. 841, 851 n.5 (V.L. 2013)). See also V.1.R. Civ. P. 11(b)(5). Payne v. Charles SX-11-CV-448 MEMORANDUM OPINION Payne’s Motion for Entry of Judgment and Interest will be granted. The Court will issue an Order consistent with this Opinion. DONE and so ORDERED this_ 77 ie of January, 2018. ATTEST: —L_ Wl fob Estrella H. G ge /HAROLD W.L.AWILLOCKS Clerk of the C6 urt Admig rative Judge of the Superior Court By ly, YY Llp MY ou lerk Su 1sor Dated [3 Ik