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GASS v. VIRGIN ISLANDS TELEPHONE CORP.

No. 01-2507.

311 F.3d 237 (2002)

Chad S. GASS, Appellant v. VIRGIN ISLANDS TELEPHONE CORPORATION, RACO, Incorporated, and Ann Marie Estes.

United States Court of Appeals, Third Circuit.

Filed November 18, 2002.

Attorney(s) appearing for the Case

Thomas Alkon [Argued], Thomas H. Hart, III, Alkon, Meaney & Hart, Christiansted, St. Croix, VI, for Appellant, Chad S. Gass.

R. Eric Moore [Argued], Law Offices of R. Eric Moore, Christiansted, VI, for Appellee, Virgin Islands Telephone Corporation.

Daryl C. Barnes, Carl A. Beckstedt, III [Argued], Bryant, Barnes & Moss, LLP, Christiansted, VI, Kelly L. Faglioni, W. Jeffrey Edwards, Hunton & Williams, Richmond, VA, for Appellee, RACO, Incorporated.

Before AMBRO, FUENTES, and GARTH, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge.

As a result of the damage caused by Hurricane Marilyn, the Virgin Islands Telephone Company ("VITELCO") hired an independent contractor, RACO, to repair phone lines in the Virgin Islands. Chad Gass, a RACO employee, was repairing a phone cable and was seriously injured when a car drove over the cable he was holding. Gass filed this negligence action against RACO, VITELCO, and the driver of the car. The primary...

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