S. Ct. Civ. No. 2016-0034

The Superior Court erred in dismissing the plaintiff's claims against the defendants as asserted in a Superior Court complaint filed on May 4, 2016, which arose out of an incident that allegedly occurred at the library of the University of the Virgin Islands on June 4, 2014 and that had spawned two prior small claims complaints on May 6, 2015 and November 3, 2015, both of which the Superior Court had dismissed with prejudice. By sua sponte dismissing the May 4, 2016 complaint on res judicata grounds without providing plaintiff with an opportunity to present evidence and arguments against dismissal, the Superior Court acted contrary to Virgin Islands case law precedent. Consequently, the judgment of the Superior Court is reversed and the case is remanded to the Superior Court so that it may proceed in accordance with the ordinary rules of civil procedure and general conceptions of fairness.