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Keywords

contractbreach of contractplaintiffdefendantdamagesnegligencemotionmotion to dismiss

plaintiffdefendantnegligencemotioncivil proceduremotion to dismiss

Related Cases

Fuentes v. Alecio, Not Reported in F.Supp.2d, 2006 WL 3813780

Facts

On August 10, 2006, Plaintiffs Nancy Fuentes and others sued Defendant Estuardo Alecio in Texas, alleging negligence after the decedent, Geovany Fuentes, died from heat exhaustion while attempting to enter the United States illegally. The Plaintiffs claimed that Alecio, who was paid to assist the decedent, failed to provide necessary care during the journey. The court previously dismissed a breach of contract claim against Alecio, leaving only the negligence claim.

Plaintiffs' Petition alleges that the decedent, Geovany Fuentes, “employed the services” of the Defendant to “successfully help him on his journey to the United States.”

Issue

Whether the Plaintiffs' negligence claim against Defendant Estuardo Alecio is barred by Texas' unlawful acts rule.

Rule

Under the unlawful acts rule in Texas, a plaintiff cannot recover for an injury if, at the time of the injury, they were engaged in an illegal act that contributed to the injury.

Under the unlawful acts rule, a plaintiff cannot recover for his claimed injury if, at the time of the injury, he was engaged in an illegal act.

Analysis

The court found that the decedent was attempting to enter the United States illegally at the time of his death, which constituted an illegal act under 8 U.S.C. § 1325(a). The court reasoned that since the decedent's illegal actions directly contributed to his death, the Plaintiffs could not recover damages for negligence. The court also referenced similar cases where the unlawful acts rule was applied to bar recovery in analogous circumstances.

This case falls squarely within the Texas unlawful acts rule. Per the unlawful acts rule, the Plaintiffs cannot recover for the decedent's claimed injury if, at the time of the injury, the decedent was involved in an illegal act.

Conclusion

The court granted Defendant Estuardo Alecio's motion to dismiss, concluding that the Plaintiffs' negligence claim was barred by the unlawful acts rule, and dismissed the case with prejudice.

For the reasons set forth above, this Court hereby GRANTS Defendant Estuardo Alecio's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (D.E.14).

Who won?

Defendant Estuardo Alecio prevailed in the case because the court found that the Plaintiffs' claims were legally barred due to the decedent's illegal conduct at the time of his death.

The court found that the Union Pacific employees were fraudulently joined, because Texas law barred the plaintiffs from recovering against them.

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