Etienne v. United Corp.

44 V.I. 113, 2001 WL 1568598, 2001 V.I. LEXIS 36
CourtSupreme Court of The Virgin Islands
DecidedOctober 15, 2001
DocketCivil No. 205/1999
StatusPublished
Cited by2 cases

This text of 44 V.I. 113 (Etienne v. United 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
Etienne v. United Corp., 44 V.I. 113, 2001 WL 1568598, 2001 V.I. LEXIS 36 (virginislands 2001).

Opinion

MEYERS, Judge

MEMORANDUM OPINION

(October 15, 2001)

THIS MATTER is before the Court on Motion of Plaza Extra United Corporation, d/b/a Plaza Extra (“Plaza Extra”) for Summary Judgment and Plaintiff Veronica Etienne’s (“Etienne”) Opposition thereto. Etienne brings claims against Plaza Extra for negligence and breach of warranty alleging that she contracted Salmonella Enteritidis after eating souse prepared by Plaza Extra.

The Court, having reviewed Plaza Extra’s motion and Etienne’s opposition thereto, along with their accompanying memoranda of law, will enter summary judgment in favor of Plaza Extra.

I. FACTS

According to Etienne’s deposition testimony, on Saturday, June 20, 1998, sometime between 11:00 a.m. and 12:00 p.m., she purchased a container of souse from the deli at Plaza Extra. Within thirty minutes thereafter, she returned home and immediately began to eat it. The souse appeared to be in good condition with nothing out of the ordinary. Etienne further stated at her deposition that the souse was the only food she consumed that day.

According to Plaza Extra, its souse is prepared by cutting up pig feet in the Meat Department for the Deli Department. The Deli Department then places the pig feet in a tub of cold water and white vinegar for a thorough washing. After the pig feet are washed, they are rinsed, placed in a cooking pot, combined with other ingredients,1 then boiled for approximately four and a half hours until tender. The deli manager and the cook then taste the souse prior to serving. Plaza Extra prepares an [115]*115average of 60 pounds of pig feet every Saturday and serves approximately 50 plates of souse.

When Etienne awoke the following morning at approximately 6:00 a.m., she began to experience acute abdominal pain, vomiting, and diarrhea. Later that same day, Etienne fell unconscious in her home and was rushed by ambulance to the Emergency Room of the Roy L. Schneider Hospital. Etienne presented to the emergency room with dehydration, fever, vomiting, diarrhea, and continued acute abdominal pain.

Etienne was seen by Doctor Robert Ingham on Monday, June 22, 1998. Testing confirmed that Etienne had contracted Salmonella Enteritidis2 Dr. Ingham treated Etienne with antibiotics, and she remained in the hospital for several days. Dr. Ingham has since opined that based upon Etienne’s history as recounted by her, the souse was the cause of the Salmonella.

According to deposition testimony, during the days prior to her illness Etienne ate at home with her aunt and cousins and ate the same food that they ate. Etienne does not recall what specific foods she may have eaten on the days prior to her illness. However, she was the only one of her family who became sick. Similarly, according to Plaza Extra, it has never received a complaint of sickness from consumption of its souse.

II. STANDARD OF REVIEW FOR SUMMARY JUDGMENT

When a party seeks adjudication in the form of summary judgment, the Court is governed by Rule 56 of the Federal Rules of Civil Procedure, as applied by Territorial Court Rule 7. FED. R. ClV. P. 56; TERR. CT. R. 7. Summary judgment is required when the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material [116]*116fact and that the moving party is entitled to judgment as a matter of law. FED. R. CIV. P. 56(c). The party seeking summary judgment bears the initial responsibility of informing the com! of the basis for its motion and identifying that which it believes demonstrates the absence of genuine issues of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 91 L. Ed. 2d 265, 106 S. Ct. 2548 (1986).

For a dispute to be “genuine,” the evidence must be such that a reasonable jury could return a verdict for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 284 (1986). In order to establish a genuine issue of material fact, the non-moving party must introduce evidence beyond the mere pleadings which, when considered in light of that party’s burden of proof at trial, creates an issue of material fact on “an element essential to the party’s case, and on which that party will bear the burden of proof at trial.” Celotex, 477 U.S. at 317. The failure to establish any one of these elements is a ground for summary judgment. Id. at 322.

In addition, in considering a motion for summary judgment, the trial judge’s role “ ... is not himself to weigh the evidence and determine the truth of the matter, but to determine whether the evidence creates a genuine issue of material fact which, because [it] may be resolved in favor of either party, properly can be resolved only by a finder of fact.” Metzger v. Osbeck, 841 F.2d 518 (3d Cir. 1988). Furthermore, any inferences to be drawn from the underlying facts contained in the evidential sources submitted to the trial court must be viewed in the light most favorable to the party opposing the motion. Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 587-88, 89 L. Ed. 2d 538, 106 S. Ct. 1348 (1986). Thus, “summary judgment, an extreme remedy, cannot be entered unless the movant has established its rights to a judgment with such clarity as to leave no room for controversy, and the other party is not entitled to recover under any discernable circumstances.” Bottle v. Industrious, 26 V.I. 83, 85 (Terr. Ct. 1991).

III. LEGAL ANALYSIS

Etienne has alleged in her complaint that Plaza Extra was negligent in the preparation and sale of souse, causing her to become ill. Etienne further alleges that Plaza Extra breached its express and implied warranties that its food was fit for human consumption. In order to prevail on either count at trial, Etienne must prove that the souse [117]*117prepared by Plaza Extra was the proximate cause of her injuries. Plaza Extra’s Motion for Summary Judgment asserts that there is no genuine issue of material fact on the element of proximate causation, and that it is entitled to judgment as a matter of law. Celotex, 477 U.S. at 322. Accordingly, to overcome summary judgment Etienne must present specific facts that show that more probably than not, the souse was the proximate cause of her Salmonella. Id. at 317.

The record, analyzed in the light most favorable to Etienne, indicates that the evidence relied upon by her to prove causation, is: 1) she ate souse purchased at Plaza Extra; 2) subsequent to eating the souse, and within the 12 to 72 hour incubation period of the disease, she contracted Salmonella Enteritidus; 3) in the days prior to her illness, other than the souse, Etienne ate the same foods as her family and was the only one to become sick; and 4) her treating physician, Dr. Ingham, has stated that “to a reasonable degree of medical certainty,” the souse is the source of Etienne’s Salmonella.

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Bluebook (online)
44 V.I. 113, 2001 WL 1568598, 2001 V.I. LEXIS 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/etienne-v-united-corp-virginislands-2001.