Brown v. Government of the Virgin Islands

MEMORANDUM OPINION.The plaintiffs seek leave to file a late claim against the Government of the Virgin Islands, pursuant to 33 V.I.C. § 3409(c).1 The three criteria which the motion must satisfy are (1) the plaintiff had a reasonable excuse for failure to file in a timely manner, (2) the Government had actual notice of "the facts constituting the claim within the initial filing deadline and (3) the Government was not substantially prejudiced by the failure to file a timely notice. Harley v. Government, 18 V.I. 228 (T.C. 1982). As the following factual sce*5nario establishes, the Government had…