In Cape Air. Int'l v. Lindsey, 53 V.I. 604, 612 (V.I. 2010), the relevant facts were undisputed. 53 V.I. at 621.
The airline had delivered the claimant's luggage to the promised location, but the claimant failed to retrieve it in a timely manner. Id.
When the claimant retrieved the luggage the next day, jewelry that had been inside the luggage was missing. Id.
In holding this inadequate to establish that any actions or failure to act by the airline caused the loss of the jewelry, this Court identified further evidence that would have supported such a claim. Id.
The Court noted that "the evidence is silent as to who removed the bag from the baggage belt the night before, who had access to it during the overnight hours, who placed it behind the counter, whether the counter was an area controlled by Cape Air, and whether the woman who met Mr. Lindsey in the morning was a Cape Air representative." Id.