Case Caption: Raymond v. Dr. Kidane Assefa d/b/a The Eye ClinicCase Number: S. Ct. Civ. No. 2018-0020Date: 03/20/2020Author: Hodge, Rhys S. Citation: 2020 VI 1Summary: In a medical malpractice action, summary judgment for the defendant is reversed. The parties do not dispute that this action was filed outside of the two-year statute of limitations made applicable by 27 V.I.C. §166d(a), and is timely only if the statute of limitations was tolled. Applying the governing factors, the standards for equitable tolling are not met here, as properly determined by the Superior Court in granting summary judgment. Under the statute, however, the appropriate inquiry is whether the defendant had “actual knowledge” or “knowledge of facts which would reasonably indicate” an act or failure to act on which a malpractice claim may be based, and whether he disclosed this information. The Superior Court wholly failed to address this issue of statutory tolling that the plaintiff properly raised, which was an abuse of discretion. The case is therefore remanded to the Superior Court to address the plaintiff’s statutory tolling argument consistent with the legal principles articulated in this opinion.Attachment: Open Document or Opinion