District Court Dismisses Case for Failure to State a Claim

Beckstedt & Associates obtained a Rule 12 dismissal of a personal injury action on behalf of a major restaurant chain franchisee in St. Thomas in a negligence case brought under common law negligence. The District Court agreed that there is no cause of action in the Virgin Islands for negligent service of alcohol by a tavern owner and, accordingly, ruled that the plaintiff had failed to make out a prima facie negligence or gross negligence claim against the restaurant. While the District Court permitted discovery to proceed, by filing the Rule 12 motion, Beckstedt & Associates was able to obtain the dispositive decision early in the litigation and save the client the expense of stateside depositions, expert discovery and mediation.