S. Ct. Civ. No. 2017-0063

The judgment of the Superior Court granting a defense motion for judgment on the pleadings in a legal malpractice action, and denying leave to amend the complaint is affirmed. After analysis it is concluded that the majority rule specifying the elements for a claim of legal malpractice based in tort—requiring (1) an attorney-client relationship giving rise to a duty; (2) breach of that duty; (3) a causal connection between the negligent conduct and the resulting injury; and (4) damages—is the soundest rule for the Virgin Islands. In this case the plaintiff failed to allege facts that would prove two elements of a claim for legal malpractice based in tort: (1) a causal connection between the negligent conduct and the resulting injury, and (2) damages. Thus the motion for judgment on the pleadings was properly granted. The Superior Court's denial of a consolidated motion for reconsideration and for leave to amend the complaint is also affirmed. Plaintiff has essentially reargued the same points he already made in previous filings with the court (which is insufficient under the standards for granting a motion to reconsider), and the Superior Court properly denied the motion to amend the complaint in this action as futile. The Superior Court's judgment dismissing this case based on its orders dated July 2, 2014 and August 22, 2014 is affirmed.