60 V.I. 740
Supreme Court of The Virgin Is...2014Background
- Andrea Lee slipped on a mopped area outside the K-Mart employee cafeteria, sustaining neck and back injuries.
- Better Building Maintenance of the Virgin Islands, Inc. was the cleaning subcontractor defendant in a negligence action brought by Lee.
- Trial evidence included Dr. James Nelson’s testimony on Lee’s ongoing medical treatment and a projected future medical expense schedule.
- Williams, Better Building’s employee, testified he mopped at 2:50 a.m. and placed warning cones; Lee impeached Williams with prior convictions for burglary and possession of stolen property.
- The court instructed the jury to reduce future medical expenses to present value without a clear evidentiary foundation; the jury awarded Lee damages with 35% comparative negligence assigned to Lee.
- On appeal, Better Building challenges evidentiary rulings, the future damages testimony, and the present-value instruction, but the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of misdemeanor conviction for impeachment | Lee’s impeachment of Williams with possession of stolen property was improper. | Conviction involved moral turpitude; admissible under Rule 609(a)(2). | Harmless error; convict. of burglary more serious rendered the outcome unlikely affected. |
| Future medical expenses evidence | Nelson’s testimony on future costs was adequately certain and supported. | Testimony was speculative and lacking foundation for present value. | Not error; testimony sufficiently supported future damages. |
| Present value instruction for future damages | Plaintiff did not bear burden to present present value; instruction unnecessary. | Defendant should be entitled to an instruction reducing to present value if evidence supports it. | Trial court erred by sua sponte giving the instruction, but no reversal; affirm judgment. |
Key Cases Cited
- Williams v. Rene, 72 F.3d 1096 (3d Cir. 1995) (present worth as a potential obligation discussed)
- Abdulghani v. VI Seaplane Shuttle, Inc., 746 F. Supp. 583 (D.V.I. 1990) (present value of future damages discussed in VI context)
- Pfeifer, 462 U.S. 523 (Supreme Court 1983) (present value methodology and discounting in tort damages)
- CSX Transp., Inc. v. Moody, 313 S.W.3d 72 (Ky. 2010) (discounting considerations including inflation and taxes in present value)
- Thorpe v. Bailey, 386 A.2d 668 (Del. 1978) (concept of discounting future damages for present value)