HODGE v. MONSANTO

No. 78-1629.

592 F.2d 184 (1979)

Cheryl HODGE and Lynette Hodge, by their father and next friend, Samuel Hodge, and Samuel Hodge, Individually, v. Vance MONSANTO, v. GOVERNMENT OF the VIRGIN ISLANDS, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 26, 1979.


Attorney(s) appearing for the Case

Robert Lee King, Deputy Asst. Atty. Gen., Dept. of Law, Charlotte Amalie, St. Thomas, V. I., for appellant.

Michael P. Lehtonen, Lehtonen & Coleman, Charlotte Amalie, St. Thomas, V. I., for appellee, Monsanto.

James L. Hymes, III, Grunert, Stout, Hymes & Mayer, Charlotte Amalie, St. Thomas, V. I., for appellees.

Before SEITZ, Chief Judge, WEIS and GARTH, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

The government's unusual decision to pave around a tree stump instead of removing it from the roadway provided the proximate cause of a head-on collision between two automobiles on St. Thomas, Virgin Islands. In a suit brought against the government under the Virgin Islands Tort Claims Act, recovery by the driver and passengers of one vehicle will be affirmed. The other driver's failure to give timely notice of his...

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