Connor v. Government of the Virgin Islands

MEMORANDUM OPINION AND ORDER

I. INTRODUCTION

Defendant Government of the Virgin Islands, pursuant to Rule 12(b)(1), Federal Rules of Civil Procedure, has filed a motion to dismiss this tort claims action on the ground that plaintiff Connor has failed to comply with the procedural requirements of the Virgin Islands Tort Claims Act, 33 V.I.C. § 3408 et seq., thereby ousting this Court of subject matter jurisdiction. For the reasons set forth below, the defendant’s motion to dismiss will be denied.

II. FACTS

The plaintiff brought the instant tort action against the Government of the Virgin Islands…