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Repub. Waste v. Martinez

Court of Appeals of Texas, Fourteenth District, Houston
Jan 20, 2011
335 S.W.3d 401 (Tex. App. 2011)

Summary

concluding that while immigration status can be a relevant consideration in determining future earning capacity, the probative value of such evidence is outweighed by its prejudicial effect without a showing that plaintiff will likely be deported in his working lifetime

Summary of this case from Grocers Supply, Inc. v. Cabello

Opinion

No. 01-09-00236-CV.

January 20, 2011.

Appeal from the Probate Court No. 2, Harris County, Mike Wood, J.

Constance H. Pfeiffer, Beck, Redden Secrest, L.L.P., Houston, for Appellants.

Bernardino Agosto Jr., Abraham, Watkins, Nichols, Sorrels, Matthews Friend, Clyde James Jackson III, Johnny N. Garza Jr., Houston, Vincent L. Marable, III, Paul Webb, P.C., Wharton, for Appellees.

Panel consists of Justices KEYES, HIGLEY, and BLAND.


OPINION


Summaries of

Repub. Waste v. Martinez

Court of Appeals of Texas, Fourteenth District, Houston
Jan 20, 2011
335 S.W.3d 401 (Tex. App. 2011)

concluding that while immigration status can be a relevant consideration in determining future earning capacity, the probative value of such evidence is outweighed by its prejudicial effect without a showing that plaintiff will likely be deported in his working lifetime

Summary of this case from Grocers Supply, Inc. v. Cabello

noting that because immigration is a "highly charged area of political debate," trial courts should carefully weigh evidence of "illegal immigrant status against [its] probative value"

Summary of this case from Sanchez v. Davis

In Republic Waste Services, Ltd. v. Martinez, 335 S.W.3d 401 (Tex.App.2011), the Court of Appeals of Texas, in a wrongful death proceeding, allowed a jury to use Texas wages, rather than El Salvador wages, to determine loss of future earnings to a deceased worker.

Summary of this case from Visoso v. Cargill Meat Solutions
Case details for

Repub. Waste v. Martinez

Case Details

Full title:REPUBLIC WASTE SERVICES, LTD. and Marco Castaneda, Appellants, v. Elida…

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Jan 20, 2011

Citations

335 S.W.3d 401 (Tex. App. 2011)

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Grocers Supply, Inc. v. Cabello

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