- Recently, a state appellate court issued an opinion in a Texas truck accident case discussing an important issue regarding what constitutes inappropriate comments with respect to a plaintiff’s ethnicity or immigration status. The case required the court to determine if the plaintiff should be granted a new trial after defense counsel made several comments alluding to the plaintiff’s inability to legally work in the United States.
The Facts of the Case
The plaintiff was injured in an accident with the defendant truck driver. The plaintiff claimed that the defendant made an illegal lane change and collided with her vehicle. According to the plaintiff, after the accident the defendant apologized for causing the accident, and admitted that it was his fault. The defendant later took back those statements, claiming that when he learned more about how the accident occurred, and the plaintiff’s role in causing it, he no longer believed he was at fault.
The plaintiff was not legally permitted to work in the United States and the defense counsel hoped to bring that fact to the attention of the jury. However, in a pre-trial motion, the court disallowed comments on the plaintiff’s immigration status.