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SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN ANITA MORRIS, ) Plaintiff, vs. CASE NO. ST-07-CV-504 FERNANDO TRUCKING SERVICES, Defendant. ) MEMORANDUM OPINION Pending before the Court are Defendant’s post trial motions for judgment as a matter of law, judgment of remittitur, and for a new trial.’ For the following reasons, Defendant’s motions will be denied. FACTUAL AND PROCEDURAL HISTORY On April 7, 2011, a jury found that Defendant was the sole cause of Plaintiff's injuries when she was struck by a forklift operated by Defendant’s employee. ANALYSIS Defendant argues that the verdict should be set aside because Plaintiff was either wholly or partially the cause of her injuries. A court will grant a motion for judgment as a matter of law following a jury verdict if “there is no legally sufficient evidentiary basis for a reasonable jury to return a verdict” in favor of the nonmoving party. Murray v. United of Omaha Life Ins. Co., 145 F.3d 143, 148 (3d Cir. 1998). A new trial or remittitur should be granted only when the ' Defendant filed its motions on May 9, 2011, and Plaintiff filed an opposition on May 23, 2011. Anita Morris v. Fernando Trucking Services, ST-07-CV-504 Memorandum Opinion, June 7, 2011 “verdict is clearly against the weight of the evidence as to constitute a miscarriage of justice.” Henry v. Hess Oil Virgin Islands Corp., 163 F.R.D. 237, 243 (D.V.I. 1995). The jury answered the following interrogatories prepared by the Court to aid in its deliberations: Question No. 1: Do you find by a preponderance of the evidence that Defendant Fernando Trucking Services was negligent in the operation of a forklift? Answer: Yes. Question No. 6: Do you find by a preponderance of the evidence that the conduct or omission of Plaintiff Anita L. Morris herself was a proximate cause, or substantial contributing cause, of the harm that she suffered? Answer: No. Sufficient evidence was presented at trial to support the jury’s conclusion that Plaintiff was not negligent. Defendant testified that Plaintiff was walking east to west and was struck by a forklift that was traveling south to north. Plaintiff testified that as she was walking in the area where the accident happened, there was activity and noise in the vicinity—pounding from Defendant’s business, traffic going back and forth, and several pedestrians walking about. The jury may have rationally concluded that, under the circumstances, Plaintiff did not act unreasonably when she failed to notice the moving forklift. The Court will not substitute its judgment for that of the jury. In addition, there is no basis for remittitur because the amount Plaintiff received under the verdict is not shocking to the conscience, is rationally based on the evidence, and is substantially less than the amount for which Plaintiff asked. As Defendant concedes, the Court properly instructed the jury on the concept of contributory negligence but the jury found none. Anita Morris v. Fernando Trucking Services, ST-07-CV-504 Memorandum Opinion, June 7, 2011 Defendant also has provided no support for its claim that “Plaintiffs negligence contributed, at a minimum, 40% towards the accident.” Furthermore, the verdict is not clearly against the weight of the evidence as to constitute a miscarriage of justice and necessitate a new trial. Accordingly, Defendant’s motions will be denied. An Order consistent with this Opinion shall follow. Dated: Tone bf 991 1 a, ee ee HON. MICHAEL C. DUNSTON ATTEST: Venetia H. Velazquez, Esq. JUDGE OF THE SUPERIOR COURT / OF THE VIRGIN ISLANDS Lori Boyne yso Court Cle Supervisor by VY CERTIFIED A TRUE COPY 7/201 Date: le /27/20__ V e netia H. 7Gnez, Esq Cle: dba By ly YYZ Court Clerk SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN ANITA MORRIS, ) ) Plaintiff, ) ) VS. ) CASE NO. ST-07-CV-504 FERNANDO TRUCKING SERVICES, Defendant. ORDER Upon consideration of the premises, it is hereby ORDERED that Defendant’s post trial motions for judgment as a matter of law, judgment of remittitur, and for a new trial are DENIED; and it is ORDERED that a copy of this Order be directed to counsel of record. \ Dated: June IY, 2011 — oe Zz. HON. MICHAEL-€-BUNSTON ett Venetia H. Velazquez, Esq. JUDGE OF THE SUPERIOR COURT O / / OF THE VIRGIN ISLANDS PALE 2 Yo) —, Lori Boynes-Ayson Court Cler upervisor Uf Gi CERTIFIED A TRUE COPY 20! vere _2/22f. V — Se sq Venetia H! aN erk Ay y K oli Ly, Y, KS 1d Sr Lf << B Sy Court IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN ANITA L. MORRIS and DENNIS MORRIS, Plaintiffs, CASE NO. ST-07-CV-504 vs. FERNANDO TRUCKING SERVICES, Defendant, New Nee! Nee “Nee Nee Nee Nee Ne Nee” ee” ORDER This matter comes before the Court sua sponte to clarify the record regarding the funds paid into the Court’s registry by Plaintiffs and Plaintiffs’ counsel on April 27, 2010, as sanctions for Plaintiffs’ unilateral cancellation of a Court ordered mediation conference. By Order dated August 16, 2010, the Court granted, in part, Defendant’s July 21, 2010, Motion to Disburse Funds Deposited in the Court’s Registry. After Plaintiffs represented to the Court that Defendant’s former counsel had not obtained the funds within the time set by the Court, the Court signed another Order on April 18, 2011, permitting the funds to be returned to Plaintiffs’ counsel. But, unbeknownst to the Court and, apparently, to counsel for Plaintiffs, the funds had been paid to Moore, Dodson & Russell, P.C. for the benefit of Defendant’s former counsel on August 19, 2010. The Court being advised in the premises, it is ORDERED that the Order dated April 18, 2011, granting Plaintiffs’ Motion to Release Funds from the Court’s Registry to Plaintiffs’ Counsel is VACATED; and it is , Morris v. Fernando ‘lrucking Case No. ST-07-CV-504 Order, May 29, 2011 ORDERED that copies of this Order shall be directed to counsel of record. DATED: May 29, 2011. a HON. MICHAEL C, DUNSTON JUDGE OF THE SUPERIOR CGURT ATTEST: Venetia H. Velasquez, Esq. OF THE VIRGIN ISLANDS /_, aon Ure Lori Boynes-7'ysdn Court Clerk Supervisor lo Heat01l Dste ZU /COt/ — VEE (\/ PP LY Cm