Battiste v. St. Thomas Diving Club, Inc.

MEMORANDUM AND ORDER

This case is before the Court on several motions by the parties which ultimately boil down to one underlying issue: what legal standard governs the applicability of the implied warranty provisions of the Uniform Commercial Code, 11A V.I.C. §§ 2 — 314, 2 — 315, to ciguatera fish poisoning? Plaintiffs, Gail and Lome Battiste, have brought suit for damages allegedly resulting from ciguatera fish poisoning contracted by Gail Battiste after she consumed a fish dinner served by defendant, Villa Olga Restaurant. In its answer, in addition to an assumption of risk defense,…