District Court, Virgin Islands December 20, 1995, No. 1989-107; Civil Action No. 1989-220 (Harthman v. Texaco Inc.)

BROTMAN, District Judge, Sitting by Designation.

Presently before this court is the Motion of Esso and Exxon For Summary Judgment as to Liability On All Counts.1 For the reasons set forth below, the court must deny this motion.

I. Factual and Procedural Background

Most of the underlying facts of this litigation were set forth in an Opinion dated August 13, 1993, published at 846 F.Supp. 1243 (D.V.