Banks v. International Rental & Leasing Corp.

55 V.I. 967, 2011 WL 6299025, 2011 V.I. Supreme LEXIS 46
CourtSupreme Court of The Virgin Islands
DecidedDecember 15, 2011
DocketS. Ct. Civ. No. 2011-0037
StatusPublished
Cited by147 cases

This text of 55 V.I. 967 (Banks v. International Rental & Leasing Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Banks v. International Rental & Leasing Corp., 55 V.I. 967, 2011 WL 6299025, 2011 V.I. Supreme LEXIS 46 (virginislands 2011).

Opinion

OPINION OF THE COURT

(December 15, 2011)

Hodge, Chief Justice.

On April 26, 2011, this Court received an April 19, 2011 Certification Order from the United States Court of Appeals for the Third Circuit, which .requested that this Court, pursuant to Supreme Court Rule 38 and Third Circuit Local Appellate Rule Misc. 110, resolve a question of Virgin Islands law related to a consolidated appeal pending in the Third Circuit. In a May 20, 2011 Order, this Court agreed to accept jurisdiction and to answer the question as formulated in the April 19,2011 Order:

Whether, under Virgin Islands law, including VI. Code Ann. tit. 1 § 4, a plaintiff may pursue a strict liability claim against a lessor for injuries resulting from a defective product.

We respond, for the reasons that follow, that Virgin Islands law permits a plaintiff to pursue such a claim.

I. JURISDICTION AND LEGAL STANDARD

“The Supreme Court of the Virgin Islands may answer questions of law certified to it by a court of the United States ... if there is involved in any proceeding before the certifying court a question of law which may be determinative of the cause then pending in the certifying court and concerning which it appears there is no controlling precedent in the decisions of the Supreme Court.” V.I.S.CT.R. 38(a). While “answering a certified question is not an adjudicative function,” this Court possesses the inherent power to answer certified questions as the highest local court in this jurisdiction. See Seals v. H & F, Inc., 301 S.W.3d 237, 241 (Tenn. 2010); 4 V.I.C. § 32(b) (“The Supreme Court shall have all inherent powers . . . .”). However, “the certified question procedure . . . does not confer on us plenary jurisdiction over cases pending in the courts of other sovereign entities,” and thus “our answer must be confined to the circumstances of the case as established by the stipulated facts” in the [973]*973certification order.1 Sullivan v. Oracle Corp., 51 Cal. 4th 1191, 127 Cal. Rptr. 3d 185, 254 P.3d 237, 249 (2011). Rather, the United States Supreme Court has strongly endorsed the use of certification by federal courts to resolve questions of local law in order to “save time, energy, and resources” and “help[] build a cooperative judicial federalism.” Lehman Brothers v. Schein, 416 U.S. 386, 391, 94 S. Ct. 1741, 40 L. Ed. 2d 215 (1974). See also Salve Regina College v. Russell, 499 U.S. 225, 237 n.4, 111 S. Ct. 1217, 113 L. Ed. 2d 190 (1991) (“[A] question of state law usually can be resolved definitely ... if a certification procedure is available and is successfully utilized.”).

II. DISCUSSION

“The rules of the common law, as expressed in the restatements of the law approved by the American Law Institute, and to the extent not so expressed, as generally understood and applied in the United States, shall be the rules of decision in the courts of the Virgin Islands in cases to which they apply, in the absence of local laws to the contrary.” 1 V.I.C. § 4. As the Third Circuit observed in its April 19, 2011 Order, an apparent conflict exists between Restatement (Second) of Torts §§ 402A, 407, and 408 (“Second Restatement”) and RESTATEMENT (THIRD) OF TORTS: Product Liability §§ 1 and 20 (“Third Restatement”), in that the Third Restatement subjects a lessor of a defective product to strict liability, whereas several courts applying Virgin Islands law — but not this Court — have interpreted the Second Restatement to hold a lessor liable only for negligence. See, e.g., Pynes v. Am. Motors Corp., 19 V.I. 278, 280 (D.V.I. 1982); Pool v. Hertz Corp., 1977 St. X. Supp. 520 (D.V.I. 1977); Polius v. Clark Equip. Co., 802 F.2d 75, 78-79 (3d Cir. 1986); Harvey v. Sav-U Car Rental, No. 07-CV-115, 2010 U.S. Dist. LEXIS 73294 (D.V.I. July 21, 2010). Thus, prior to answering the certified question, as formulated, this Court must first determine (1) whether the phrase “local law” in section 4 encompasses judicial precedents from this Court; and [974]*974(2) whether section 4 precludes this Court, as the highest local court in the Virgin Islands, from declining to follow the latest approved Restatement.

A. The Meaning of “Local Law”

The Virgin Islands Legislature has instructed that “[w]ords and phrases shall be read with their context and shall be construed according to the common and approved usage of the English language,” but that “ [technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in the law, shall be construed and understood according to their peculiar and appropriate meaning.” 1 V.I.C. § 42. Applying this directive, the phrase “local law” means “[t]he law of a particular jurisdiction, as opposed to the law of a foreign state,” Black’s Law Dictionary 1023 (9th ed. 2009), with “law” referring to “[t]he aggregate of legislation, judicial precedents, and accepted legal principles.” Id. at 962 (emphasis added). See also Co-Build Cos., Inc., v. V.I. Refinery Corp., 570 F.2d 492, 494, 15 V.I. 528, 533 (3d Cir. 1978) (“When no precedents relate specifically to the adjudication of a Virgin Islands dispute, the courts are directed to turn to the various Restatements of Law, approved by the American Law Institute, which are to provide the rules of decision for such cases ‘in the absence of local laws to the contrary.’ ”) (emphasis added); In re Manbodh Asbestos Litig. Series, 47 V.I. 215, 227 (V.I. Super. Ct. 2005) (“To date, courts have interpreted ‘local laws’ to include both legislation and common law precedent.”) (collecting cases). This Court has previously clarified what judicial opinions constitute “precedent” for both the Supreme Court and the Superior Court:

Although the establishment of this Court has changed the relationship between the local Virgin Islands judiciary and the Third Circuit, this Court’s creation “did not erase pre-existing case law,” and thus “precedent that was [extant] when [the Court] became operational continues unless and until [the Court] address [es] the issues discussed there.” People v. Quenga, 1997 Guam 6 ¶ 13 n. 4. Accordingly, decisions rendered by the Third Circuit and the Appellate Division of the District Court are binding upon the Superior Court even if they would only represent persuasive authority when this court considers an issue.

In re People of the V.I., 51 V.I. 374, 389 n.9 (V.I. 2009), cert. denied, No. 09-3492, slip op. at 1 (3d Cir. Nov. 5,2009). Cf. Estep v. Construction Gen., Inc., [975]*975546 A.2d 376, 382 n.5 (D.C. 1988) (explaining that decisions of highest local appellate court in District of Columbia constitute “local law” to which federal district courts and federal courts of appeals should defer, rather than the other way around).

Importantly, the Third Circuit has indicated that it will “defer to decisions of the Supreme Court of the Virgin Islands on matters of local law unless [it] find[s] them to be manifestly erroneous.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re: Lynch
2025 V.I. 14 (Supreme Court of The Virgin Islands, 2025)
Simkins v. Bank of Nova Scotia
2025 V.I. 2 (Supreme Court of The Virgin Islands, 2025)
Burt v. Lockheed Martin Corp.
2024 V.I. 33 (Supreme Court of The Virgin Islands, 2024)
Limetree Bay Terminals, LLC v. Liger
2024 V.I. 26 (Supreme Court of The Virgin Islands, 2024)
Victor v. Todman
2024 V.I. 18 (Supreme Court of The Virgin Islands, 2024)
Polanco v. Southern Holdings, LLC
Supreme Court of The Virgin Islands, 2024
Mosler v. Gerace
Supreme Court of The Virgin Islands, 2024
Klein v. Bassil
Supreme Court of The Virgin Islands, 2023
Smith v. Ostrander
Virgin Islands, 2021

Cite This Page — Counsel Stack

Bluebook (online)
55 V.I. 967, 2011 WL 6299025, 2011 V.I. Supreme LEXIS 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banks-v-international-rental-leasing-corp-virginislands-2011.