Berry v. Virgin Islands Water & Power Authority

MEMORANDUM

Before the court is the motion of plaintiff, Rita Berry (“Berry”), *186for summary judgment against defendant, Virgin Islands Water and Power Authority (“WAPA”). Berry claims injuries resulting from the alleged inhalation of toxic gas on or about September 28,1987, while inside WAPA’s Vitraco Park Office on St. Croix to pay her electricity bill. Because material issues of fact exist, Berry’s motion will be denied.

I. FACTS AND PROCEDURE

On the morning of September 28, 1987, at WAPA’s Vitraco Mall Office, Miracle Mile, Christiansted, St. Croix, several employees complained to their…