ST. CROIX — A federal judge has ruled in favor of a University of the Virgin Islands English professor in a negligence lawsuit against the United States government, finding that a U.S. Customs and Border Protection agent’s illegal attempt to pass her vehicle caused a collision that left her with chronic back pain and degenerative spinal complications.
The District Court of the Virgin Islands has ruled in favor of Lynda Wymer, awarding her $257,743.98 plus post-judgment interest. Chief Judge Robert Molloy issued the decision on August 4, following a two-day bench trial held in January.
Shortly before noon on November 29, 2022, Wymer was driving a 2010 Ford Escape westbound on Weymouth Rhymer Highway on St. Thomas. Peter Hearn, a U.S. Customs and Border Protection special agent driving a government-owned 2020 Chevy Silverado, was traveling the same direction a few car lengths behind her.
As Wymer slowed to make a left turn onto New Hernhut Road, Hearn attempted to pass her on the left. Hearn testified he saw her vehicle veer right into a double-yellow median area and believed she intended to continue straight rather than turn. He also testified her turn signal was not illuminated. Hearn attempted to pass on Wymer’s left side.
As Hearn’s vehicle drew alongside her, Wymer initiated her left turn. The two vehicles collided at or near the intersection — Wymer’s Escape struck the right side of Hearn’s Silverado.
Police officer Doralyn Charles responded to the scene and cited Hearn for negligent driving for improperly passing a vehicle. That citation was dismissed at a March 2023 traffic court hearing, but Molloy found the dismissal had no bearing on the separate civil case.
At trial, the parties disputed whether Wymer’s turn signal was working and whether her vehicle had drifted out of its lane before the collision. Both sides agreed that after the accident, the signal appeared to function on the interior dashboard but the exterior rear light was not flashing.
The government argued that this apparent equipment failure was the real cause of the accident, contending that a working blinker would have alerted Hearn that Wymer intended to turn. The government also argued that Wymer had strayed too far to the right, out of her lane, before attempting her turn.
The court found this evidence insufficient to establish contributory negligence on Wymer’s part. Molloy noted there was no evidence establishing when the exterior signal might have stopped working. The court noted that under Virgin Islands law, drivers cannot be held negligent for driving with an inoperable taillight unless they had notice of the defect and failed to correct it, and no such notice was ever established in this case. The court further found the conflicting testimony about the vehicle’s exact positioning insufficient to resolve in the government’s favor.
Weymouth Rhymer Highway has one westbound and one eastbound lane, with a center turning lane at New Hernhut Road. Although Wymer slowed to turn left onto New Hernhut Road, Hearn testified that he did not see a turn signal and believed she intended to continue straight before turning right at the next intersection. Hearn said Wymer’s vehicle veered right, out of his path, so he continued straight and attempted to pass her on the left. Wymer testified that she stopped completely at the intersection before turning left onto New Hernhut Road. The vehicles collided as she made the turn.
Because Hearn admitted attempting to pass Wymer, the court found he violated the Virgin Islands Code, Title 20, Section 495, which prohibits a motor vehicle from passing another at the intersection of another road. The court also found that his maneuver was the proximate cause of the accident, regardless of the turn-signal dispute.
Wymer went to the emergency room at Schneider Regional Medical Center on December 1, 2022, reporting neck, shoulder, back, hand, and wrist pain. The court found that Wymer’s lumbar injuries were caused by the crash and that she had undergone extensive treatment. Although Wymer sought damages beyond the $250,000 in her original administrative claim, the court found that her ongoing symptoms and the possibility of future surgery were reasonably foreseeable when she filed the claim. As a result, the court limited her recovery to the original $250,000.
The court entered judgment for Wymer against the United States in the amount of $257,743.98 — combining $7,743.98 in property damage and $250,000 in personal injury damages — plus post-judgment interest under The U.S. Code, Title 28, Section 1961.
