Martinez v. Continental Tire the Americas, LLC

476 F. Supp. 3d 1137 (2020)

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Martinez v. Continental Tire the Americas, LLC

United States District Court for the District of New Mexico
476 F. Supp. 3d 1137 (2020)

Facts

Lee Hunt (plaintiff) sued Continental Tire the Americas, LLC (defendant) in his capacity as personal representative for the estate of Abel Portillo, who had died in an automobile accident. Portillo had lived and worked in the United States for 20 years, although he was not a citizen of the United States and was not authorized to work in the United States. Hunt’s expert witness calculated Portillo’s lost future earnings without any consideration of Portillo’s legal status. Neither party presented any evidence of Portillo’s removability or likelihood of removal. Hunt filed a motion in limine requesting that the court exclude any evidence of Portillo’s legal status under Federal Rule of Evidence 403 as unduly prejudicial.

Rule of Law

Issue

Holding and Reasoning (Riggs, J.)

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