· 11/15/1995
Antonio Williams v. Joseph Rene Esso Virgin Islands, Inc. Scott Drake John Doe, Third-Party Esso Virgin Islands, Inc.
Citations
- 72 F.3d 1096
- 33 V.I. 297
- 34 Fed. R. Serv. 3d 106
- 1995 U.S. App. LEXIS 31988
- 1995 WL 681740
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that under Gasoline Products a new trial must extend to all issues where \the issue of damages . . . is so intertwined with liability that one cannot be submitted to the jury independently of the other without confusion and uncertainty.\
- explaining that under doctrine of respondeat superior, “[t]he employer’s liability is vicarious and secondary to that of the employee, which is primary.”
- holding that under Gasoline Products a new trial must extend to all issues where \the issue of damages . . . is so intertwined with liability that one cannot be submitted to the jury independently of the other without confusion and uncertainty.\
- “[E]ven if error as to one issue requires a new trial, it need not include other separate points that were properly decided.”
- a personal injury action against an employee and an employer to recover for injuries sustained in a motor vehicle accident that occurred while the employee was driving his employer's vehicle
- intertwined nature of liability and damages requires new trial on all issues
Source: CourtListener parenthetical corpus (CC0).
Judges: Stapleton, Lewis, Weis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.