Court Grants HM&B’s Motion for Summary Judgment

Sebastien v. Satellite Enter. Svc. et al, No. ST-14-CV-289, 2019 V.I. Super 71U (V.I. Super Ct. 2019).

Court Grants HM&B’s Motion for Summary Judgment

Plaintiff, Alphonse Sebastien was involved in a motor vehicle accident caused by defendant Serrano. The vehicle Serrano was operating was registered to the Director of Modern Satellite, an Authorized Retailer of DISH Network L.L.C. Plaintiff sued DISH for negligence, as well as, negligent hiring, training, and retention.

HM&B Partner, Schuyler Smith, handled the matter on behalf of DISH and briefed the Motion for Summary Judgment. Judge Kathleen Mackay of the Superior Court of the Virgin Islands granted HM&B’s motion and dismissed all counts against the DISH defendants with prejudice. The court found that DISH did not have an employer/employee relationship with Serrano sufficient to make DISH liable for his actions under a respondeat superior theory. Further, because the court found there was no employer/employee relationship with Serrano, DISH could not incur liability for damages resulting from the motor vehicle accident.