The Superior Court of the Virgin Islands recently issued a ruling in a wrongful death case involving the estate of Trevor Miller. The court decided that Jacqueline Payne, Miller's long-term partner, could pursue a wrongful death claim against Taj Siwatu and 8GDA-1 Lytton’s Fancy, LLC. However, the court also ruled that Payne could not recover damages in her individual capacity because she was not legally married to Miller. This decision has significant implications for how wrongful death claims are handled in the Virgin Islands, particularly for unmarried partners.
The case, officially known as Jacqueline Payne, Personal Representative of the Estate of Trevor Miller, Deceased, v. Taj Siwatu and 8GDA-1 Lytton’s Fancy, LLC, was filed on July 14, 2026, under docket number ST-2023-CV-00363. The court's opinion was delivered by Judge Carol Thomas-Jacobs. The ruling clarifies the legal standing of domestic partners in wrongful death actions and the statute of limitations for such claims.
The dispute arose from the tragic fall of Trevor Miller, who died from injuries sustained in an accident at an apartment complex managed by Siwatu and owned by 8GDA-1 Lytton’s Fancy, LLC. Miller fell down a staircase when the handrail he was holding gave way. He suffered severe injuries, including a brain hemorrhage, and ultimately passed away on December 25, 2021. Following his death, Payne filed a wrongful death complaint against the defendants, seeking damages for the loss of her partner.
In the court's ruling, it was established that the statute of limitations for wrongful death claims in the Virgin Islands is two years. There was a dispute regarding when this period began. Payne argued that it started on the date of Miller's death, while the defendants claimed it began on the date of the injury. The court sided with Payne, stating, "An action for wrongful death accrues on the date of the decedent’s death, not on the date of the underlying injury or wrongful act." This ruling affirmed that Payne's complaint was timely filed.
The court also addressed whether Payne had the legal authority to serve as the personal representative of Miller's estate. The defendants contended that she lacked standing because they were not married. However, the court referenced the Virgin Islands Wrongful Death Act, which allows a personal representative to file a claim without the need for a formal probate proceeding. The court noted, "The named plaintiff shall serve as personal representative throughout the proceeding unless replaced by order of the court." This ruling confirmed that Payne could proceed with the wrongful death claim as Miller's personal representative.
Despite allowing Payne to serve as the personal representative, the court ruled that she could not recover damages in her individual capacity. The court emphasized that the Virgin Islands Wrongful Death Act defines survivors strictly as legally married spouses or specific family members. Since Payne was not married to Miller, she did not qualify as a survivor under the law. The court stated, "Unmarried cohabitants, regardless of the length or nature of their relationship, cannot recover damages in their individual capacity in a wrongful death action in the Virgin Islands."
Additionally, the court addressed a claim for loss of consortium made by Payne. The court reiterated that only legal spouses can claim loss of consortium, ruling that Payne could not maintain this claim because she was not married to Miller. The court concluded, "Since Payne and Miller were not legally married, Payne cannot pursue a claim for loss of consortium."
This ruling has important implications for individuals in the Virgin Islands who may find themselves in similar situations. It clarifies the legal limitations faced by long-term partners who are not married when seeking damages for wrongful death. The court's decision underscores the necessity for individuals to consider legal marriage if they wish to secure rights under the Virgin Islands Wrongful Death Act.
Looking ahead, the ruling can potentially be appealed, although the court did not provide specific details on any pending related cases. The decision sets a precedent regarding the treatment of wrongful death claims involving unmarried partners in the Virgin Islands, which may influence future cases and legislative discussions on the rights of domestic partners.