Wielgus v. Ryobi Technologies, Inc.
875 F. Supp. 2d 854
N.D. Ill.2012Background
- Wielgus, an undocumented Polish national, sues for negligence, implied warranty, and strict liability under Illinois law in a diversity case over injuries from a March 2006 use of a Ryobi BTS10S table saw.
- Case involves in-part on whether Wielgus may recover economic damages for lost future earnings and diminished earning capacity against the defendants.
- Wielgus allegedly worked in the U.S. after his visa expired; after the accident he returned to Poland and now resides in England with a construction business.
- IRCA and Hoffman Plastic Compounds govern whether undocumented aliens may recover wages; court must predict Illinois Supreme Court's stance where lacking precedent.
- Court determines Wielgus may seek lost future earnings at his residence country rate but not at U.S. wage rates, and that IRCA does not preempt Illinois law on this point.
- Parties’ motions in limine address admissibility and measurement of economic damages related to future earnings; court grants in part and denies in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an undocumented alien may recover lost future earnings in a tort action. | Wielgus argues Illinois law allows some recovery of lost earnings. | Defendants argue IRCA/Hoffman Plastic preclude recovery of U.S. wages. | Undocumented alien may recover future earnings based on residence-country wages, not U.S. wages. |
Key Cases Cited
- Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (U.S. 2002) (precludes backpay to undocumented workers under IRCA in NLRA context)
- Economy Packing Co. v. Illinois Workers’ Comp. Comm’n, 387 Ill.App.3d 283 (1st Dist. 2008) (undocumented aliens may receive workers’ compensation; facts differ from tort damages)
- Rosa v. Partners in Progress, Inc., 152 N.H. 6 (N.H. 2005) (illegal alien may not recover U.S.-wage-based earnings in some contexts)
- Gacek v. American Airlines, Inc., 614 F.3d 298 (7th Cir. 2010) (state-law questions in diversity actions; Illinois law focus)
- McLane v. Russell, 131 Ill.2d 509 (1990) (damages aim to make plaintiff whole, not provide windfall; future earnings evidence basics)