67 V.I. 172
Superior Court of The Virgin I...2017Background
- Twenty-two toxic-tort suits arising from alleged alumina/bauxite dust exposure at a St. Croix refinery were filed in 2007–2008 and the parties proposed consolidating pretrial matters under a master docket captioned In re: Alumina Dust Claims.
- Judge Ross approved a stipulated case-management order in June 2009 directing creation of a master docket, but the Clerk docketed the order only under Erwin LaBast’s individual case number (SX-07-CV-502) instead of opening a separate master case number.
- Over time many identical summary-judgment motions (raising Virgin Islands workers’ compensation immunity) were filed and litigated in the consolidated proceedings; confusion arose from filings that grouped unrelated series of cases under shared captions/numbers.
- Erwin LaBast died September 7, 2015. Miriam LaBast‑Greene was later appointed personal representative in a probate miscellaneous matter (SX-15-MP-015) and sought (1) substitution as plaintiff/personal representative and (2) reassignment of LaBast’s case out of the master and to the Family Division judge.
- The court granted substitution (LaBast‑Greene) but declined to rule on reassignment because only the Presiding Judge has statutory authority to reassign cases once assigned; the court ordered the Clerk to assign a new, distinct master-case number, re-docket master vs. individual filings appropriately, and then transmit the reassignment motion to the Presiding Judge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to file reassignment motion before substitution | LaBast‑Greene moved for reassignment as personal rep (but before formal substitution) | Defendants did not respond to motion | Court: non‑party cannot file motions; LaBast‑Greene lacked standing to file reassignment until permitted to substitute; substitution later cured defect and reassignment motion is properly before court for Presiding Judge review |
| Substitution of personal representative (continuation after death) | LaBast‑Greene asserted she was appointed personal representative and timely moved to substitute within two years | No opposition | Court: granted substitution; tort claims survive death under 5 V.I.C. §§77–78; she may pursue the action on behalf of the estate |
| Authority to grant reassignment of an assigned case | LaBast‑Greene relied on a local administrative practice reassigning estate-plaintiff cases to Family Division | Defendants did not oppose; but Vanterpool limits reassignment authority | Court: only the Presiding Judge (or recusal by assigned judge) may reassign cases; this court must transmit motion to Presiding Judge for decision |
| Proper treatment of master docket / case-numbering and captions | Parties proposed a master docket but the Clerk used LaBast’s case number for the master, causing conflation of master and individual dockets | Defendants used the master caption inconsistently across filings | Court: master dockets must have distinct case numbers; Clerk ordered to assign a new master number, re-docket or strike master vs. individual filings as appropriate to disentangle LaBast from In re: Alumina Dust Claims before reassignment consideration |
Key Cases Cited
- Der Weer v. Hess Oil V.I. Corp., 64 V.I. 107 (Super. Ct. 2016) (court may strike filings placed on file without right to file them)
- Vanterpool v. Government of the Virgin Islands, 63 V.I. 563 (2015) (only the Presiding Judge may reassign cases among judges once a case is assigned)
- Hodge v. Bluebeard's Castle, Inc., 62 V.I. 671 (2015) (discussing standing as a claims‑processing rule in Virgin Islands courts)
- Stiles v. Yob, 65 V.I. 234 (2016) (once intervention is granted, intervenor has equal standing as original parties)