· 7/11/1991
Roger Turbe v. Government of the Virgin Islands, Virgin Islands Water and Power Authority
Citations
- 938 F.2d 427
- 1991 U.S. App. LEXIS 14403
- 1991 WL 122919
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that sections 323(a) and 324A(a) of the Restatement (Second) of Torts only apply when the defendant's actions increase the risk of harm beyond the risk that would have existed had the defendant never provided services initially
- relying on H.R. Moch and concluding that sections 323(a) and 324A(a) of the Restatement (Second) of Torts only applies when the defendant's actions increase the risk of harm beyond the risk that would have existed had the defendant never provided services initially
- on facts as alleged, no liability to victim of criminal assault for negligent failure to repair street lights
- “[i]f the Restatement does not govern, we look to the common law as generally understood and applied in the United States.”
- “The nature of the legal duty owed by a defendant is generally a question of law.”
- “WAPA has a limited form of [statutory] immunity—it may be sued, but a victorious plaintiff cannot force it to pay any judgment entered.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Becker, Scirica, Alito
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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