Articles Posted in Supreme Court of Indiana

The Supreme Court held that the Open Courts Clause of the Indiana Constitution allows unauthorized immigrants to pursue claims for decreased earning capacity damages in a tort action. The Court then provided an evidentiary framework for determining when that plaintiff’s unauthorized immigration status is admissible at trial. The trial court in this personal injury case allowed evidence of Plaintiff’s immigration status and excluded testimony calculating Plaintiff’s decreased lifetime earning capacity due to his injury as unreliable for failing to account for Plaintiff’s immigration status. The Supreme Court reversed, provided the framework for addressing when immigration status is admissible in a decreased earning capacity tort claim, and remanded for the trial court to apply this framework. View "Escamilla v. Shiel Sexton Co." on Justia Law