Germain v. Crown

9 V.I. 501, 1973 U.S. Dist. LEXIS 5192
CourtDistrict Court, Virgin Islands
DecidedApril 11, 1973
DocketCivil No. 188-1970
StatusPublished
Cited by2 cases

This text of 9 V.I. 501 (Germain v. Crown) is published on Counsel Stack Legal Research, covering District Court, Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Germain v. Crown, 9 V.I. 501, 1973 U.S. Dist. LEXIS 5192 (vid 1973).

Opinion

YOUNG, Judge

MEMORANDUM OPINION AND JUDGMENT

The trial of this automobile accident case was held December 5, 1972. At commencement of trial, plaintiff advised the Court that one of his most important medical witnesses failed to respond to a subpoena. He was then permitted to put on his case with the right to continue the trial for a further hearing to bring forth the evidence of the errant medical witness. Plaintiff’s case consisted of the testimony of three witnesses, substantiated in part by bills and receipts. Defendant did not put in any defense, but merely cross-examined plaintiff’s witnesses.

The adjourned trial hearing was held March 25,1973, at which time plaintiff offered the testimony of the doctor who missed the earlier date. He testified as to his services to plaintiff in July 1972 — about two years after the initial injury.

The facts of this case are simple and unopposed. The accident occurred April 9, 1970 on North Highway in the [504]*504vicinity of Pelican Cove. Plaintiff was driving his 1966 Opel Sedan toward Christiansted. Defendant was driving her 1969 Sunbeam in the opposite direction. When defendant approached the side road to Pelican Cove Beach Club, she stopped before making a righthand turn across the on-coming lane. In a statement made by her after the accident, she stated that she thought all on-coming traffic had been cleared when she proceeded to turn right across plaintiff’s lane. She did not see plaintiff and her right front fender made impact with plaintiff’s right front door. Plaintiff’s door flew open and he fell out, injuring his left arm and right knee and suffering lacerations to his face. Plaintiff was taken to the hospital, but was released that afternoon after emergency treatment.

There is little question that the accident was caused by defendant. In the statement which she made after the accident, she remarked that “in my opinion, the cause of the accident was my inexperience with left-hand side driving and consequently I was at fault for the accident because I did turn into his [plaintiff’s] lane and hit him.” She then went on to state certain facts which negated any contributory fault by plaintiff. She could not tell what speed he was traveling since she actually did not see him.

At a pretrial conference, attorneys for both sides submitted pretrial statements narrowing the issues down to (1) cause of the accident, and (2) extent of damages sustained by plaintiff. Defendant’s attorney did, however, raise the additional issue of contributory negligence, although it was never pressed at trial.

At the adjourned hearing, the doctor who attended plaintiff in June 1972 gave testimony pertaining to an alleged permanent injury to plaintiff’s right knee. However, his testimony was clear that, in his opinion, plaintiff’s complaint in 1972 regarding a pain in the right knee was probably not connected with the automobile accident in 1970.

[505]*505Although plaintiff is suing for $75,000 damages, his proof consisted of receipts showing the payment of approximately $1,000 in car rentals, testimony of having spent about $300 in taxi fares, a $25 towing charge, the total loss of an $85 wrist watch, and damage to an $80 suit of clothes which was torn when he was thrown from the car. He also introduced into evidence a hospital bill for $37.45. He has not received any bills from the doctors.

The damages claimed in this case are threefold: (1) bodily injury; (2) property damage; and (3) loss of earnings. An interesting issue in this case, but which was not explored or developed by counsel, is whether plaintiff should be held to contributory negligence as to the bodily injury claims for failing to have himself secured in the car by the use of a safety belt.

I— Property Damage

As to plaintiff’s claim for property damage, I find that he purchased the Opel secondhand from Tonn Hooper Motors at a price of $850. Although there was some evidence of a small salvage value, I will accept the $850 as a fair market value of the property at the time of its total destruction. There would therefore be a property damage claim of $850 with respect to plaintiff’s automobile. In connection with the property damage, plaintiff claims approximately $959.16 for car rentals and $300 for taxi-fares. He started renting an automobile two days after the accident and continued to rent automobiles off and on for the next eight months.

Plaintiff testified that at the time of the accident, he had over $1,000 in savings. He learned within a few days of the accident that his car was almost a total wreck and beyond reasonable repair. Under such circumstances, I question the reasonableness of renting an automobile for such a prolonged period of more than eight [506]*506months, expecting to charge the defendant with the full cost of such rentals. There should be a key to this question. Plaintiff is entitled to some reimbursement for loss of use of his automobile and for a substitute vehicle, see Buchanan v. Leonard, 127 F.Supp. 120 (D. Colo. 1954), but there should be some reasonable limit to the time within which defendant should be chargeable with the expenses of such substitute car rental. Terrebonne v. Toye Bros. Yellow Cab Co., 64 S.2d 868 (two weeks held to be reasonable) . With the shipping problems in the Virgin Islands, and the lack of local automobile dealers with adequate inventory of parts, I would say that a month would be a reasonable period within which the aggrieved party may charge to the party in fault out-of-pocket expenses for taxi and car rentals. Plaintiff rented automobiles at $12 and at $15 per day. Thirty days at the mean average of $13.50 per day would be $405.00. Plaintiff also claims (without proof), out-of-pocket expenses for taxicab fares of $300. There is no evidence as to the times when taxicabs were used. With such lack of proof, I must either disallow the claim altogether or cut it down drastically. I will give plaintiff the benefit of a favorable choice and allow plaintiff recovery in the amount of $600 for car rental and taxicab expenses. Plaintiff’s only other property damage claims were supported only by his testimony as to the alleged total destruction of his wrist watch and a torn suit. Without some reasonable substantiation I must hold that he has not sustained his burden of proof - as to such claims. Even an insurance adjuster responding to a personal property floater policy would require some evidence of the alleged damage or loss.

II — Bodily Injury, Pain and Suffering

The medical specials amount to $37.45, substantiated by a statement from Charles Harwood Memorial Hospital. [507]*507On the date of the accident, the hospital charged plaintiff $5.00 for the emergency room and $1.45 for medicine. The next day, the hospital charged plaintiff $25.00 for X rays, $1.00 for dressings and $5.00 for the use of the emergency room.

Plaintiff was never hospitalized. He was attended to by several doctors. Dr. Galiber testified that he received some injury to his left elbow and right knee and suffered minor lacerations on his face. About two months after the accident, plaintiff returned to the surgical clinic and complained of a continuing pain in his left knee. However, X rays showed no bone damage. There was probably injury to the ligaments or muscles. About two years after the accident, plaintiff returned to the orthopedic clinic and complained of pains to his right knee.

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Related

Stridiron v. I.C., Inc.
578 F. Supp. 997 (Virgin Islands, 1984)
Raimer v. Stout
14 V.I. 568 (Supreme Court of The Virgin Islands, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
9 V.I. 501, 1973 U.S. Dist. LEXIS 5192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/germain-v-crown-vid-1973.