Jeffers v. Meridian Engineering, Inc.

27 V.I. 105, 1992 WL 12729443, 1992 V.I. LEXIS 22
CourtSupreme Court of The Virgin Islands
DecidedMay 19, 1992
DocketCivil No. 263/1990
StatusPublished
Cited by3 cases

This text of 27 V.I. 105 (Jeffers v. Meridian Engineering, Inc.) 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
Jeffers v. Meridian Engineering, Inc., 27 V.I. 105, 1992 WL 12729443, 1992 V.I. LEXIS 22 (virginislands 1992).

Opinion

CABRET, Judge

MEMORANDUM OPINION

The plaintiffs originally filed suit for personal injury and property damage stemming from a car accident that occurred on April 21, 1989. Trial on the merits was held on September 16th through 20th, 1991, and at the end the jury returned a verdict for the plaintiffs in the sum of $50,000.00, undiminished by reimbursements from collateral sources. Defendant Meridian Engineering, Inc., was found by the jury to be 33% negligent, and defendant Gideon Small was found to be 67% negligent. This latest controversy was spawned by the proposed judgment submitted by Meridian, which apportions enforceability of the jury verdict based upon the percentage of negligence attributed to each defendant. On the other hand, the proposed judgment submitted by the plaintiffs would enable them to collect the full judgment from Meridian.

[107]*107DISCUSSION

I. 5 V.I.C. § 1451 Erodes Joint and Several Liability

The source of the present altercation is the parties' different interpretations of 5 V.I.C. § 1451 (hereafter referred to as "§ 1451").1 The first prong of the plaintiffs' argument attempts to convince the court that despite the plain language of subsection (d), the focus of the statute is the elimination of the bar to recovery in contributory negligence, and not the elimination or erosion of the rules of joint and several liability. In support of their argument, plaintiffs point to the fact that almost every provision of § 1451 is placed within the context of a defendant proving that there was contributory negligence on the part of a plaintiff. Plaintiffs also claim that the heading of § 1451 — "Damages where contributory negligence has been proven" — is an important tool in interpreting the statute, and that this section heading shows that the statute is not at all concerned with changing the common law rules with regard to joint and sev[108]*108eral liability. In addition, plaintiffs assert that the legislative history of the statute shows that its purpose was solely to abolish contributory negligence as a bar to recovery, and "the fact that the additional language was placed in the contributory negligence statute makes its application in the instant case impermissible . . . Had the Legislature wished to abrogate the general rule of joint and several liability in automobile accidents a separate statute would have logically been created." (Plaintiffs' Motion to Clarify, p. 6).

It is true, as the plaintiffs argue, that at common law joint tortfeasors are jointly and severally liable for damages to the plaintiff. In 74 Am. Jur. 2d Torts § 76, 684 (1974), it is said that:

The overwhelming weight of authority is to the effect that in the absence of statutory authorization, no apportionment of compensatory damages may be incorporated in the judgment establishing the liability of joint tortfeasors, generally on the theory that the plaintiff should not be denied the possibility of collecting the full amount of his judgment from any one of the defendants.

(Footnotes omitted).

In the Virgin Islands, statutory authority for incorporating an apportionment of damages into the judgment establishing liability is found in § 1451(d). The Court is not persuaded by the plaintiffs' contrary interpretation of that statute. Although statutes in derogation of the common law must be strictly construed, this does not mean that the language used in the statute should be interpreted to frustrate its clear purpose. In re Estate of Moolenaar, 24 V.I. 234 (Terr. Ct., St. Thomas 1989). In the first instance, the purpose of interpreting the statute is to give effect to the intent of the legislature. See Garcia v. Government of the Virgin Islands, 24 V.I. 131 (Terr. Ct., St. Croix 1989). The language itself is the best evidence of the legislative intent, and there is a presumption that the legislative intent is expressed by the ordinary meaning of the words used. See Barnes v. Cohen, 749 F.2d 1009, 1013 (3d Cir. 1984), Territorial Court v. Richards, 23 V.I. 285, 296 (D.C.V.I. 1987). Furthermore, "[i]t is a cardinal rule of statutory construction that when the language of a statute is clear, a court should look no farther than those words in interpreting the statute." Danbury, Inc. v. Olive, 22 V.I. 183, 185 (D.C.V.I. 1986).

The plain language of § 1451(d) undoubtedly modifies the common law rule of joint and several liability insofar as apportion[109]*109ment of damages in cases involving automobile accidents are concerned. The statute clearly states that liability among joint tortfeasors is several where each of two defendants is found to be 50% negligent, or where there are three or more defendants and each of their liability is found to be 50% or less. A co-defendant in a case involving an automobile accident is no longer liable to the plaintiff for the entire judgment if the jury finds him less than 50% negligent in causing the plaintiff's injury. In such a case the co-defendant will be liable only for the amount of damages corresponding to the percentage of negligence attributed to him by the jury. However, the plaintiff may nonetheless enforce the entire judgment against the other defendant who is found to be more than 50% negligent, and thus primarily liable for the plaintiff's injury. Hence, the plain language of § 1451 makes clear that in cases involving automobile accidents, the common law rule of joint and several liability has in fact been eroded.

Plaintiffs' argument that the section heading to § 1451 describes that statute's sole purpose is not supported by Virgin Islands law. While in some jurisdictions the section headings and titles may be an important tool in the construction and interpretation of statutes, the Virgin Islands Code expressly provides otherwise. 1 V.I.C. §§ 44,45.2 Furthermore, it does not necessarily follow, as the plaintiffs contend, that had the Legislature wished to abrogate the general common law rule of joint and several liability in automobile accidents, a separate statute would have logically been drafted. In this Court's view, tort reform concerning the doctrines of comparative negligence and joint and several liability go hand in hand. But, even indulging the plaintiffs' argument, this type of [110]*110draftsmanship is not uncommon to the Virgin Islands Code. A particularly egregious example is found in the Homestead Exemption Statute. 33 V.I.C. § 2305. The statute is almost exclusively concerned with tax exemptions, yet in Todman v. Todman, 15 V.I. 518 (3d Cir. 1978), the Court recognized that the last sentence of § 2305(d) is the only provision in the Virgin Islands Code empowering the courts in divorce proceedings to dispose of a marital homestead. Surely, this authorization would have been more strategically placed in Title 16, but as Todman pointed out, no implication, inference or presumption is to be drawn from the placement of any section in the Code. Id. at 526. Hence, plaintiffs' arguments lack merit.

II. § 1451 Is Not Ambiguous

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

Related

Davis v. American Youth Soccer Organization
64 V.I. 37 (Superior Court of The Virgin Islands, 2016)
Donastorg v. Government of the Virgin Islands
45 V.I. 259 (Supreme Court of The Virgin Islands, 2003)
Miller Properties, Inc. v. Government of the Virgin Islands
44 V.I. 68 (Supreme Court of The Virgin Islands, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
27 V.I. 105, 1992 WL 12729443, 1992 V.I. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeffers-v-meridian-engineering-inc-virginislands-1992.