Legal Opinion

Tobal v. Cebedo

Supreme Court of The Virgin Islands

Decided June 18, 1999No. Civ. No. 374/1997PublishedCited by 1 opinion

1Opinion of the CourtRoss, Judge

MEMORANDUM OPINION

This matter comes to the court on defendant, Alejandro Cebedo, M.D/s motion to strike plaintiff's claim for non-economic damages *51in excess of $75,000.00 and plaintiff's response thereto. Plaintiff prays for recovery on behalf of the survivors and the estate of Carol Sampson. The issue is whether the statutory cap of $75,000.00 on non-economic damages applies individually or collectively to each survivor or beneficiary in a wrongful death action based on medical malpractice.

Facts:

On June 17, 1995 Carol Sampson was stabbed several times by her husband and transported to the…

2Cases cited6 opinions

  1. Cross v. Pacific Gas & Electric Co.California Supreme Court · 1964
  2. Chang v. State Farm Mutual Automobile InsuranceWisconsin Supreme Court · 1994
  3. St. Anthony Medical Center, Inc. v. SmithIndiana Court of Appeals · 1992
  4. Nissan Motor Co., Ltd. v. PhliegerSupreme Court of Florida · 1987
  5. Leonard v. Government of the Virgin IslandsSupreme Court of The Virgin Islands · 1980

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3Cited by1 opinion

  1. Gerald v. R.J. Reynolds Tobacco Co.Superior Court of The Virgin Islands · 2017

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