Legal Opinion
Monk v. Virgin Islands Water & Power Authority
Court of Appeals for the Third Circuit
Decided December 5, 1994No. 94-7372PublishedCited by 15 opinions
1Opinion of the Court
OPINION OF THE COURT
SCIRICA, Circuit Judge
In this appeal, we are required to interpret and apply various sections of the Restatement (Second) of Torts to a lawsuit arising from a tragic construction accident in the Virgin Islands. The primary issue is the viability of Restatement section 343A, involving the doctrine of assumption of risk, in light of the Virgin Islands' adoption of a comparative negligence statute. We also consider whether employers may be liable for injuries to their independent contractors' employees under Restatement section 413 and similar provisions. The district court…
2Cases cited55 opinions
- Scindia Steam Navigation Co. v. De Los SantosSupreme Court of the United States · 1981
- Carrender v. FittererSupreme Court of Pennsylvania · 1983
- Privette v. Superior CourtCalifornia Supreme Court · 1993
- Harrison v. Montgomery County Board of EducationCourt of Appeals of Maryland · 1983
- Miller v. MillerSupreme Court of North Carolina · 1968
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3Cited by15 opinions
- Thomas Fashauer, Jr. v. New Jersey Transit Rail Operations, IncCourt of Appeals for the Third Circuit · 1995
- Toland v. Sunland Housing Group, Inc.California Supreme Court · 1998
- Pelletier v. SordoniSupreme Court of Connecticut · 2003
- Gass v. Virgin Islands Telephone Corp.District Court, Virgin Islands · 2001
- Figueroa v. Hess Oil Virgin Islands Corp.District Court, Virgin Islands · 2002
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