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TAVAREZ v. KLINGENSMITH

Nos. CIV.A.1999/212, 409/1996.

267 F.Supp.2d 448 (2003)

Orlando TAVAREZ, Appellant, v. Allan KLINGENSMITH, Appellee.

District Court, Virgin Islands, Appellate Division, D. St. Croix.

June 5, 2003.

Attorney(s) appearing for the Case

Joel H. Holt, St. Croix, VI, for Appellant.

Gabriel Villegas, Grunert Stout & Bruch, St. Thomas, VI, for Appellee.

Before: RAYMOND L. FINCH, Chief Judge, District Court of the Virgin Islands; THOMAS K. MOORE, Judge of the District Court of the Virgin Islands; and BRENDA J. HOLLAR, Judge of the Territorial Court, Sitting by Designation.

MEMORANDUM OPINION

PER CURIAM.

This appeal stems from the trial court's grant of summary judgment, based on its conclusion that the employer's supervisor/co-worker was not amenable to a private suit in tort. The question presented on appeal is whether an employer's statutory tort immunity under the Virgin Islands Workmen's Compensation Act ("WCA") extends to employees for acts done within the scope of...

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