Richards v. Government of the Virgin Islands

MEMORANDUM OPINION AND ORDER

This matter is before the Court on plaintiff’s motion for permission to file a belated tort claim against the Virgin Islands Government. Such permission is necessary because plaintiff did not file her claim, as required by 33 V.I.C. §§ 3409(c) and 3410, with the Governor within ninety days after its accrual. Under 33 V.I.C. § 3409(c), however, this Court has the discretion to waive the time limits within a period of two years after the cause of action arises.

Three statutory criteria guide my discretion in deciding whether to permit late filing. Two of the three are…