A trial court was right not to consider the fact that the plaintiff in a personal injury case had immigrated illegally from Ecuador when the court awarded him $20 million in damages for serious injuries he suffered at a construction site, a 3-2 appellate panel ruled yesterday.
The majority of the Appellate Division, First Department, panel in Angamarca v. New York City Partnership Housing Development Fund, 115471/04, found that Supreme Court Justice Karen S. Smith (See Profile) was right to bar any mention of Jorge Angamarca’s immigration status from the trial on the grounds that it would be unfairly prejudicial and was not relevant to deciding his damages.
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