The Washington Supreme Court reversed the lower Court of Appeals decision upholding a jury verdict in the Salas v. HiTech Erectors case in King County superior Court in 2005 in which the trial judge allowed evidence to be heard by the jury about the Plaintiff’s immigration status.
Plaintiff Alex Salas’ lawyer, Robert Kornfeld of Kornfeld, Trudell, Bowen and Lingenbrink, PLLC, objected to the admissibility of the fact that Mr. Salas was an undocumented worker. Mr. Kornfeld argued that the probative value of this evidence was out weighed by its prejudicial effect and the evidence should have been admitted.
The trial judge did not agree with Mr. Kornfeld and let the evidence of Mr. Salas’ illegal immigration status to go to the jury. Plaintiff contended it poisoned the jury and the verdict was influenced by passion and prejudice against undocumented workers as shown by a defense verdict despite a finding of negligence.
The Supreme Court agreed with Mr. Kornfeld today and reversed the trial judge’s ruling and that of the Court of Appeals which held that the trial judge was within his discretion to allow this prejudicial information into evidence.
Mr. Salas is facing a new trial after certain issues are resolved at the Court of Appeals.
Rob Kornfeld of Kornfeld, Trudell, Bowen and Lingenbrink, PLLC
Rob@kornfeldlaw.com
www.kornfeldlaw.com
1 (800) 282-4878
Rob & Team Which Successfully Reversed the Decision
