Terrell ex rel. L.D v. Coral World
2011 V.I. Supreme LEXIS 17
Supreme Court of The Virgin Is...2011Background
- Terrell won a jury verdict against Coral World on August 31, 2009 for $131,075.
- Terrell sought costs under 5 V.I.C. § 541 for various expenses, including travel and expert fees.
- Superior Court awarded some costs but denied travel expenses and some expert fees, prompting appeals by both parties.
- The court affirmed denial of travel costs under § 541, but reversed to remand on expert-witness costs and overall total costs inconsistent with the Memorandum.
- The court concluded § 541 governs recoverable costs and § 660 limits witness fees, and that the total award must align with its Memorandum Opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are travel expenses recoverable under § 541? | Terrell | Coral World | Travel expenses for trial are not recoverable under § 541. |
| Are expert witness fees recoverable under § 541 without pre-approval or showing value/reasonableness? | Terrell | Coral World | Expert witness fees may be recovered under § 541; lack of pre-approval does not defeat recovery, but exact amount must be determined. |
| What fee constitutes the witness fee recoverable under § 541 for experts and lay witnesses? | Terrell | Coral World | Witness fees are defined by § 660 ($4 per day plus travel/subsistence); § 541 permits recovery of those fees, with some need to determine exact expert amounts on remand. |
| Is the total costs award consistent with the memorandum and proper under § 541 and § 660? | Terrell | Coral World | The $14,636.07 total was inconsistent with the memorandum; remand for recalculation consistent with this opinion. |
Key Cases Cited
- Heller Found. v. Lee, 847 F.2d 83 (3d Cir. 1988) (analyze witness fees under federal analogs to interpret § 541/660 interplay)
- Danvers v. Dibra, 6 V.I. 212 (D.V.I. 1967) (pre-approval/showing requirements for expert fees cited by Superior Court)
- Quetel v. Querrard, 278 F. Supp. 341 (D.V.I. 1968) (pre-approval/valuation arguments for expert fees cited in VI context)
- In re Adoption of Sherman, 49 V.I. 452 (VI 2008) (statutory interpretation approach in Virgin Islands context)
- Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437 (1987) (federal framework defining what constitutes recoverable witness fees)
- Gov't Hosp. & Health Facilities Corp. v. Gov't, 50 V.I. 276 (VI 2008) (VI Supreme Court on finality and costs principles)