STUART — A judge Monday ruled that if a jury finds Martin Memorial Medical Center falsely imprisoned an illegal immigrant in 2003 by repatriating the brain-damaged man to his native Guatemala, it may consider awarding punitive damages against the hospital.
After hearing from attorneys representing Martin Memorial and former patient Luis Jimenez and his Indiantown guardian, Montejo Gaspar Montejo, Senior Circuit Judge James Midelis ruled there was a sufficient factual basis for the lawyers to assert a claim for punitive damages, generally awarded to punish an offending party.
“I may be addressing that after I’ve heard the evidence to see if that’s still the case,” Midelis announced.
But the anticipated three-week trial, slated to begin Tuesday, was put off until Monday after attorneys for Montejo said he was in Guatemala attending a family funeral and would be unable to attend jury selection.
Midelis determined that if a jury was empaneled without the plaintiff Montejo being present, it could amount to reversible error, which could force a retrial upon appeal.
Martin Memorial is being sued for a claim of false imprisonment related to their decision to deport Jimenez July 10, 2003, following two years of medical care for a traumatic brain injury, costing the nonprofit hospital about $1.5 million.
About 125 prospective jurors are expected to be questioned beginning Monday, followed by a second group of 100 on Tuesday.
Posted by Tiger8221 on June 23, 2009 at 10:22 a.m. (Suggest removal)
I really don’t understand how they can say the hospital “imprisoned” him. The hospital took care of him for 2 years without ever receiving a penny for his health care. Why should legal American citizens be responsible for paying for the illegals who come here and take advantage of everything. This is part of what is wrong with this country’s border patrol guidelines. I do feel bad for what has happened to him, but what would have happened if it were him who caused the accident and killed or seriously injured a child? Would he be getting sued right now? Would the family ever have any hope of recouping their money? Would he be in jail? Probably not. He would have gone back to his native country. He nor his family have put out any money to pay for this $1.5 million bill. I don’t think it was the hospital’s fault he got into an accident. Maybe if he weren’t illegaly driving a vehicle, it wouldn’t have happened. If the jury/judge wants to award him the money, fine. Make it payable to the hospital since that’s who he owes for his medical care.
http://www.tcpalm.com/news/2009/jun/22/jury-may-award-punitive-damages-if-martin-loses/?feedback=1#comments
