Legal Opinion
Espinosa v. Government of V.I.
Supreme Court of The Virgin Islands
Decided November 14, 1983No. Civil No. 231/1983PublishedCited by 4 opinions
1Opinion of the CourtPetersen, Judge
MEMORANDUM OPINION
This action for wrongful death alleging negligent medical diagnosis and treatment of the plaintiff’s deceased minor son was filed on *80March 14, 1983. On or about May 2,1983, the plaintiff mailed a copy of the complaint to the Commissioner of Health. The defendants have filed a Motion to Dismiss asserting that the plaintiff failed to timely file a proposed complaint with the Medical Malpractice Review Committee prior to instituting this Court action as required by 27 V.I.C. § 166i(b).
The plaintiff, in relying on the Wrongful Death Act, 5 V.I.C. § 76 and the general provisions…
2Cases cited3 opinions
- Scheuer v. RhodesSupreme Court of the United States · 1974
- United States v. KubrickSupreme Court of the United States · 1979
- Saludes v. RamosDistrict Court, Virgin Islands · 1983
3Cited by4 opinions
- Abdallah v. CallenderCourt of Appeals for the Third Circuit · 1993
- H.I. Construction, LLC v. Bay Isles Associates, LLLPSuperior Court of The Virgin Islands · 2010
- Missar v. BucherSupreme Court of The Virgin Islands · 2004
- Freeman v. Government of the Virgin IslandsDistrict Court, Virgin Islands · 1990