FOR IMMEDIATE RELEASE
June 6, 2014
Contact: Eric W. Boyer, Esq.
305-670-1101 Ext. 1023
Negligent Security / St. Thomas, U.S. Virgin Islands
ST. THOMAS, U.S. Virgin Islands ― Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) trial attorney, Kyle R. Waldner obtained a defense verdict on behalf of their client, Interscope Security, Inc., in the U.S. District Court of the Virgin Islands. The plaintiff, following a bar fight, sustained severe eye trauma when an assailant broke a beer bottle and slashed it across her face, slicing her eye in half. The plaintiff brought negligence, gross negligence, and punitive damages claims against the strip mall, two bars, the security company and the assailant. The case against the strip mall and bar settled before trial, leaving only Interscope, and the convicted assailant as co-defendants.
Under Virgin Islands law, defendants are held “jointly and severally liable” giving plaintiffs the ability to collect the full judgment against Interscope in the event they were found to have any percentage of fault.
Over three and a half days, the plaintiff presented her case which focused on trying to fault the security company for not doing its job. Evidence included surveillance video of the assault and evidence of damages relating to the enucleation of the eye and the surgical installation of and removal of nerve stimulators under the skin for the treatment of chronic headaches. Medical expenses incurred by the plaintiff exceeded $245,000.00.
The defense presented several eye witnesses over the course of the next half day which included live testimony from the convicted assailant following the issuance of a writ of habeas corpus ad testificandum.
The jury got the case on day five of the trial and returned a verdict in favor of the defense in less than three hours.
Kyle R. Waldner practices from the U.S. Virgin Islands office. He represents a diverse group of clients, including national and regional insurers, publicly traded companies, a range of businesses, and private individuals, in litigation before the federal and local courts in the U.S. Virgin Islands, and also has acted as an advocate before administrative tribunals, including the Equal Employment Opportunity Commission, the Virgin Islands Department of Labor, and the Public Employees Relations Board. He also advises clients on general business and transactional matters. He has practiced law in the U.S. Virgin Islands since 2005.