United States Third Circuit

In plaintiff's suit for negligence against his co-worker, the decision of the Supreme Court of the Virgin Islands, reversing the Superior Court's rejection of the claim, which was based on the holding in Tavarez v. Klingensmith that the Workers' Compensation Act prevents injured employees from suing their coworkers, and declaring that it was no longer bound by the Third Circuit Court of Appeals' pre-2007 decisions on Virgin Islands law, is affirmed where: 1) the Virgin Islands Supreme Court's order reversing the Superior Court and remanding for further proceedings satisfied the "final decisions" requirement in section 1613; 2) the Supreme Court may reject the Third Circuit Court of Appeals' local decisions that predate its establishment; and 3) the Supreme Court did not manifestly err in rejecting Tavarez.

Appellate Information

• Decided 12/21/2012
• Published 12/21/2012

Judges

• Smith

Court

• United States Third Circuit

Counsel