Martinez v. Cont'l Tire the Ams., LLC
| Citation | 476 F.Supp.3d 1137 |
| Decision Date | 04 August 2020 |
| Docket Number | Case No. 1:17-cv-00922-KWR-JFR |
| Parties | Irma MARTINEZ, Felipe Martinez, Larry Munn, Jose Prieto, and Lee Hunt, as personal representative of the estate of Abel Portillo, deceased, Plaintiffs, v. CONTINENTAL TIRE the AMERICAS, LLC, an Ohio Limited Liability Company, Defendant. |
| Court | United States District Courts. 10th Circuit. District of New Mexico |
Broadus Spivey, Spivey & Grigg, LLP, Austin, TX, Randi McGinn, Michael Sievers, McGinn Carpenter Montoya & Love PA, Mixcoati Q. Miera-Rosete, McGinn, Montoya, Love & Curry, Albuquerque, NM, for Plaintiffs Irma Martinez, Felipe Martinez, Larry Munn, Lee Hunt.
Steven K. Sanders, Law Offices of Steven K. Sanders, Albuquerque, NM, for Plaintiff Jose Prieto.
Anthony F. Latiolait, Bret R. Henry, Pro Hac Vice, Shauna Avrith, Walter M. Yoka, Yoka & Smith, LLP, Los Angeles, CA, Donald A. DeCandia, Hartline Barger LLP, Santa Fe, NM, Mary E. Jones, Hartline Barger, LLP, Anna E. Indahl, Modrall Sperling Roehl Harris & Sisk, Albuquerque, NM, for Defendant.
THIS MATTER comes before the Court upon Defendant Continental Tire the Americas, LLC's Motion for Partial Summary Judgment on the Issue of Lost Earnings and Lost Earning Capacity, filed on February 28, 2020 (Doc. 316) , and Plaintiffs’ Motion in Limine to Exclude Evidence, Argument, or Reference of the Citizenship or Immigration Status of Plaintiffs’ decedent Abel Portillo, filed on February 28, 2020 (Doc. 325) . Having reviewed the parties’ pleadings and the applicable law, the Court finds that Defendant's motion is not well-taken and, therefore, is DENIED. However, the Court finds that Plaintiffs’ motion in limine is well-taken in part and, therefore, is GRANTED IN PART.
This case arises out of a single-vehicle accident allegedly resulting from the failure or blowout of a left rear Continental tire. Defendant is the tire manufacturer. Several plaintiffs were injured in the incident. Abel Portillo died, and Plaintiff Lee Hunt is the personal representative of his estate. Plaintiffs allege that manufacturing and design defects caused the tire blowout.
On August 2, 2017, Plaintiffs filed a complaint for wrongful death and personal injuries. In April 2020, Plaintiffs agreed to the dismissal of Counts III, IV, and V. Therefore, it appears that the following claims remain:
In this motion, Defendant seeks to prevent Plaintiff Lee Hunt from collecting any damages for lost earnings or lost earning capacities, because decedent Abel Portillo was apparently an undocumented immigrant.
Plaintiff Lee Hunt opposes summary judgment, asserting that New Mexico state law applies, which allows a plaintiff to recover damages for lost earning capacity regardless of the decedent's immigration status.
"The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a) ; see also Celotex Corp. v. Catrett , 477 U.S. 317, 330, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). "[T]he mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). As the Tenth Circuit has explained, "mere assertions and conjecture are not enough to survive summary judgment." York v. AT & T , 95 F.3d 948, 955 (10th Cir. 1996). To avoid summary judgment, a party "must produce specific facts showing that there remains a genuine issue for trial and evidence significantly probative as to any [material] fact claimed to be disputed." Branson v. Price River Coal Co. , 853 F.2d 768, 771-72 (10th Cir. 1988) (quotation marks and citations omitted).
Dewitt v. Sw. Bell Tel. Co. , 845 F.3d 1299, 1306 (10th Cir. 2017) (quotation marks and citation omitted).
Decedent Abel Portillo was born in Chihuahua, Mexico and was a citizen of Mexico. He was not a citizen of the United States.
Mr. Portillo met his wife, Plaintiff Irma Martinez, in the United States in 1996, at which time he had already been living in the United States and had been employed in the United States. Mr. Portillo worked in the United States for at least 20 years until his death. He earned wages from Rail Labor Providers, a company that contracted with Trac-work, Inc., from 2014 to 2016. Decedent had federal income tax withheld from his paycheck and paid his social security and medicare taxes.
Plaintiff Irma Martinez did not know when Mr. Portillo came to the United States, and does not know whether he was a citizen, but had assumed he was legally in this country. However, Defendant has undisputedly shown that decedent was an undocumented immigrant. Plaintiff Lee Hunt admitted that he was not lawfully authorized to work in the United States and falsely represented that he was a citizen of the United States. Decedent also submitted an unverifiable permanent resident card and social security card. Although Plaintiffs now attempt to dispute these admissions, the Court finds that her prior admissions in this case undisputed and she has not provided contrary evidence in the record. Irma Martinez's testimony that she did not know he was not a citizen does rebut Defendant's evidence in the summary judgment record.
Mr. Portillo and Irma Martinez were married by common-law marriage in Texas since 2000. Plaintiff Irma Martinez is a United States citizen. Mr. Portillo did not have a criminal record in Texas, and there is no record he had a criminal record anywhere else.
Plaintiff Lee Hunt's expert, Brian McDonald, relied on the United States wage scale to arrive at his opinions regarding decedent's lost earnings and lost earning capacity. Plaintiff has produced no evidence regarding lost earnings or lost earning capacity on the Mexican wage scale.
As part of a wrongful death claim, a plaintiff may recover under New Mexico law damages for the decedents’ lost earnings or lost earning capacity. NM UJI 13-1830 (); N.M.S.A. 1978 § 41-2-1 (wrongful death statute). Romero v. Byers , 1994-NMSC-031, ¶ 17, 117 N.M. 422, 427, 872 P.2d 840, 845 (internal citations omitted). The value of future lost earnings must be "reasonably certain to be lost in the future." NM UJI 13-1803; see also Mitchell v. Lovato, 97 N.M. 425, 640 P.2d 925, 927 (N.M. 1982) ().
Defendant argues that Plaintiff Lee Hunt should not be allowed to recover damages for decedent's future lost earning capacity, because it would be illegal for him to work in the United States under federal law. Defendant appears to make a policy argument – that the Court should not reward conduct unlawful under a Federal statute. The Court disagrees.
Defendant points to the Immigration Reform and Control Act of 1986 ("IRCA"). The IRCA is a federal statutory scheme "prohibiting the employment of illegal aliens in the United States." Hoffman Plastic Compounds, Inc. v. N.L.R.B., 535 U.S. 137, 147, 122 S.Ct. 1275, 152 L.Ed.2d 271 (2002). IRCA is "focused foremost on the employer," Bollinger Shipyards, Inc. v. Director, Office of Worker's Comp. Programs, 604 F.3d 864, 874 (5th Cir. 2010), as employers must examine specified documents for all newly-hired workers to verify their identity and eligibility for work in the United States. 8 U.S.C. § 1324a(b). Employers who hire employees who fail to provide the required documentation are subject to civil fines and criminal prosecution. 8 U.S.C. §§ 1324a(a)(1), 1324a(f)(1). Additionally, a potential employee who tenders false or fraudulent documents for purposes of obtaining employment is subject to fines and criminal prosecution, but the statute "provid[es] nothing regarding civil effects." Bollinger Shipyards, 604 F.3d at 874.
However, because this is a diversity case based on New Mexico law, this Court must ascertain and apply New Mexico law. In doing so, the Court must either follow the decisions of the New Mexico Supreme Court or attempt to predict what the New Mexico Supreme Court would do. Coll v. First Am. Title Ins. Co., 642 F.3d 876, 886 (10th Cir. 2011) ; Federated Serv. Ins. Co. v. Martinez , 529 F. App'x 954, 957 (10th Cir. 2013) ().
The Court sees no reason why in a diversity case involving the New Mexico Wrongful Death Act it should apply federal policy that may or may not be relevant over clear New Mexico policy favoring compensation. As explained below, the Court predicts that the New Mexico Supreme Court would hold that federal policy...
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