May 26, 2009
Justice, ethnicity, immigration status, and empathy
The Texas Supreme Court is being asked to void a $15.8 million damages award to a family which lost four members in a truck accident because the driver's illegal immigrant status was mentioned during the trial, and purportedly inflamed the jury. Chuck Lindell writes in the Austin Statesman:The information "gave permission to this non-Hispanic jury to decide that the truck driver was responsible - not because he crossed the center line of the highway, but because he crossed the U.S.-Mexico border and was allowed to drive the truck," TXI's lawyer, Reagan Simpson, told the court during oral arguments in October. Lawyers for the Hughes family, which lost members of four generations in the accident, said the immigration information was presented to show that the truck driver did not have a viable commercial driver's license and that TXI did not properly investigate its employee's driving record. "TXI admitted that it didn't train or test him and took on face value that he...(Read Full Post)