Republic Waste Services, Ltd. v. Martinez, 335 S.W.3d 401

Gomez died on the job while working for Republic Waste Services, Ltd. on a garbage truck operated by Castaneda.
Gomez admitted to using someone else’s social security number and green card to gain employment; he did not have a passport or work visa.
Martinez (his common-law wife) and Portillo (his father) sued Republic and Castaneda for wrongful death and survival; Republic was a non-subscriber to the Texas workers’ compensation act.
The jury awarded $1,408,491 overall, including $1,275,000 for future pecuniary loss; trial court rendered judgment on the verdict.
Before trial, appellees moved in limine to preclude evidence of Gomez’s illegal immigrant status from being admitted in front of the jury; trial court granted the in limine ruling.
Appellants offered bill-of-exception testimony and argued the illegal-immigrant-status evidence was relevant to Gomez’s potential future earnings and thus damages; the jury did not hear that evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by excluding immigration evidence	Gomez's illegal status is relevant to future earnings damages.	Immigration status is highly prejudicial and speculative, outweighing any relevance.	No abuse; exclusion affirmed; probative value slight, prejudice substantial

Tyson Foods, Inc. v. Guzman, 116 S.W.3d 233 (Tex.App.-Tyler 2003) (undocumented status not prerequisite to recovering damages)
TXI Transportation Co. v. Hughes, 306 S.W.3d 230 (Tex. 2010) (immigration evidence prejudicial; probative value outweighed)
Clemente v. California, 40 Cal.3d 202 (1985) (immigration status often prejudicial to damages)
Salas v. Hi-Tech Erectors, 168 Wash.2d 664 (2009) (undocumented status relevant to lost earnings but prejudice risk noted)
Wal-Mart Stores, Inc. v. Cordova, 856 S.W.2d 768 (Tex.App.-El Paso 1993) (undocumented workers' damages generally permissible; immigration status not a prerequisite)