The National Bank of the Virgin Islands agreed to settle on undisclosed terms last week shortly before its Court of Appeal hearing with First District representative Andrew Fahie and Petra Benjamin, two customers who sued the bank after being shot during a 2007 robbery.

 

The two sued the government-owned bank for negligence after the Aug. 15, 2007 incident, claiming that the NBVI failed to take reasonable care to ensure the safety of people visiting its premises.

High Court Justice Vicki-Ann Ellis sided with the bank, writing in her judgment that “the court cannot conclude as a matter of law that the intervening criminals’ act in this case — the robbery of the bank by three masked gunmen — was a foreseeable consequence of the alleged breach of its duty to protect the claimants.”

During the trial, it was revealed that NBVI had an unarmed security guard, surveillance cameras and an access control system that allowed the doors to be locked in an emergency.

Along with the dismissal, Ms. Ellis ordered the two claimants to pay $7,500 to the bank for legal costs.

No arguments were made during last week’s hearing on April 30.

The claimants’ attorney, Terrance Neale, opened the case by saying he received the bank’s offer just before the matter was set to begin. He called it an “unexpectedly generous settlement offer,” but said he had no choice but to pursue the appeal since he couldn’t make contact with Mr. Fahie.

Justice of Appeal Davidson Baptiste suggested that the matter be adjourned while Mr. Neale contacted his client, but just then Mr. Fahie entered the courtroom. After a brief recess, Mr. Neale announced that the appellants would settle with the bank and drop the case.

The alleged perpetrators of the robbery, Ricky Powell, Craig Stoddard and Oran Jones, were convicted in 2010 and sentenced to six-and-a-half, five, and eight years in prison, respectively.