Sanango v. 200 East 16th Street Housing Corporation

2004 NY Slip Op 09716 (N.Y. App. Div. December 28, 2004) ; Clearinghouse Number: 55833

Description

Undocumented Laborer’s Tort Recovery for Lost Earnings Is Limited to Wages Plaintiff Could Have Earned in His Home Country

Abstract

The New York Supreme Court, Appellate Division, vacated the trial court’s award of lost earnings to an undocumented worker and remanded for trial on past and future lost earnings measured by the prevailing wage in plaintiff’s country of origin. Plaintiff sued in tort for injuries from a fall while working on a construction project. The trial court awarded him damages for pain and suffering as well as lost earnings measured by U.S. wages. Defendants—work-site owner and contractor—appealed. The appellate court affirmed the award for pain and suffering but found, pursuant to the supremacy clause, that the Immigration Reform and Control Act and the decision in Hoffman Plastic Compounds v. NLRB, 535 U.S. 137 (2002) (Clearinghouse No. 54,508), preempted state tort law to the extent that state law permitted recovery of wages that plaintiff would have earned illegally in the United States. Addressing the dissent in a companion case, Balbuena v. IDR Realty, 2004 N.Y. slip op. 09693 (N.Y. App. Div. Dec. 28, 2004)(Clearinghouse No. 55,812), the court found that the potential limitation of one item of damages--lost earnings--in future tort actions would not create an incentive for employers to hire undocumented workers. The appellate court found that an award of damages based on the prevailing wage in plaintiff’s home country did not offend federal policy.

Additional Information

Attorney Information
Docket Date
2004-12-28 00:00:00+00:00

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