Gibson v. Sullivan Trail Coal Co.

MEMORANDUM OPINION

We decide in this opinion whether, in the U.S. Virgin Islands, an employee of an independent contractor can, if injured while at work, bring an action against the entity which hired the independent contractor in the first place. We reaffirm previous case law in this territory and hold with the vast majority of jurisdictions that such an employee is not part of the protected class for whom such an action is available under Chapter 15 of the Restatement (Second) of Torts, Sections 409 through 429.

I. FACTS

The plaintiff Calvert Gibson, (“Gibson”), at all times pertinent was an…