Chad S. Gass v. Virgin Islands Telephone Corporation, Raco, Incorporated, and Ann Marie Estes

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 Virgin Islands law, an injured employee of an independent contractor may sue the employer of the contractor for harm caused by the employer’s own negligence under Section 414
• explaining that independent contractor’s statutory immunity from suit by its employee under VTWCA does not preclude employee from filing suit against independent contractor’s employer
• establishing that a failure to raise an issue in the district court constitutes a waiver particularly in situations where a timely raising of the issue would have permitted the parties to develop the factual record
• “[U]nder section 414, the employer must be alleged to have exercised his retained control negligently.”
• “failure to raise an issue in the [trial] court constitutes a waiver of the argument.... We only depart from this rule when manifest injustice would result from a failure to consider a novel issue.”
• “It is well established that failure to raise an issue in the district court constitutes a waiver of the argument.” (alteration omitted) (quoting Med. Protective Co. v. Watkins, 198 F.3d 100, 105-06 n.3 (3d Cir. 1999))

Source: CourtListener parenthetical corpus (CC0).