Case Caption: VIRGIN ISLANDS WATER AND POWER AUTHORITY (WAPA) v. CYPRIAN Case Number: SCT-CIV-2023-0016Date: 12/18/2023Author: Hodge, Rhys S. Citation: 2023 VI 15Summary: In this matter the Court granted the petition of the Virgin Islands Water and Power Authority for permission to appeal to answer the question certified by the Superior Court: whether the explicit statutory duty imposed on WAPA extended as a duty personal to plaintiff’s decedent, Crescentus Oscar (Oscar), on whose behalf this action may be brought alleging WAPA’s breach of that duty to him. However, because WAPA has waived its right to argue the issue by failing to address the certified question, instead electing to address two issues that were not certified – and in fact were never even considered by the Superior Court on the merits – it is concluded that that the petition for permission to appeal was improvidently granted, and the petition is therefore dismissed as forfeited.Attachment: Open Document or Opinion