Case Caption: Elbe V. Brathwaite v. Phillip Xavier d/b/a Gary’s Marine ServiceCase Number: S. Ct. Civ. No. 2017-0037Date: 08/27/2019Author: Cabret, Maria M. Citation: 2019 VI 1USummary: In a personal injury action by a plaintiff seeking damages for injuries suffered as a passenger on a boat owned and operated by the defendant when he negligently crashed it onto a rocky outcropping near Cruz Bay, St. John, the subject of this Court’s July 16, 2019 opinion, on a post-judgment motion for clarification as to whether the new trial ordered in this matter is limited to the issue of damages, the issue is appropriate for a clarification request because it seeks solely to define the parameters of the remand in this action. The prior opinion identified two errors committed by the Superior Court that were not harmless: exclusion of portions of the expert testimony of an expert witness, and instructing the jury on comparative negligence in the absence of any supporting evidence. Because the excluded portions of the expert’s testimony concern only the extent of the injuries suffered by plaintiff and bear no relevance to the issue liability, the Superior Court’s error in excluding this testimony warrants a new trial only as to the issue of damages. Likewise, the error in instructing the jury on comparative negligence could only have impacted the jury’s verdict with respect to damages, and therefore constitutes grounds for ordering a new trial solely as to this issue. Thus the motion for clarification is granted and it is ordered that the new trial in this matter required by this Court’s July 16, 2019 order shall be limited in scope to damages.Attachment: Open Document or Opinion