Legal Opinion
Smith v. Kenny
District Court, Virgin Islands
Decided October 25, 1979No. Civil No. 79-167PublishedCited by 7 opinions
1Opinion of the CourtChristian, Chief Judge
MEMORANDUM AND ORDER
This case is presently before the Court on defendant’s motion to dismiss the complaint because it is time barred. The motion will be denied.
Plaintiff alleges that on June 10, 1977, he was injured when defendants negligently struck him with their motorcycle. The statute of limitations for personal injury actions is two years. 5 V.I.C. § 31. The complaint was filed on Monday, June 11, 1979. We are asked to determine whether the limitations period is tolled until the next working day if the period ends on a Saturday or Sunday. Pursuant to Fed. R. Civ. P. 6(a) we will hold…
2Cases cited7 opinions
- Union National Bank v. LambSupreme Court of the United States · 1949
- Joint Council Dining Car Employees Local 370 v. Delaware, L. & W. R.Court of Appeals for the Second Circuit · 1946
- Anna M. Johnson v. Arthur S. Flemming, Secretary of the Department of Health, Education and WelfareCourt of Appeals for the Tenth Circuit · 1959
- W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Peninsula Shipbuilders AssociationCourt of Appeals for the Fourth Circuit · 1967
- Boulet v. Millers Mutual InsuranceDistrict Court, D. Minnesota · 1964
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kussmaul v. Peters Const. Co., Inc.District Court, D. Rhode Island · 1983
- Great Cruz Bay Development Co. v. Virgin Islands Board of Land Use AppealsDistrict Court, Virgin Islands · 1981
- Southern Technical College v. Arkansas Television Co. (In Re Southern Technical College, Inc.)United States Bankruptcy Court, E.D. Arkansas · 1994
- United States v. ConiamDistrict Court, D. Connecticut · 1984
- Baptiste v. Hovensa, LLCSuperior Court of The Virgin Islands · 2005
2 more not listed; retrieve them via the Exa API.