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Keywords

contracttortplaintiffdefendantdamagesnegligencetrialimmigration law

contracttortplaintiffdefendantdamagesappealtrialpleawillvisa

Related Cases

Peterson v. Neme

Facts

Juliet Neme, a non-immigrant alien from Colombia, was employed as a housekeeper in violation of federal immigration laws. After being struck by an automobile driven by Florida E. Peterson, she sought damages for her injuries and lost wages. The trial court ruled in her favor, allowing her to present evidence of lost wages while excluding evidence of her immigration violations. The jury awarded her $18,000 in damages.

The plaintiff Juliet Neme, a citizen of Colombia, entered the United States in 1970 under a temporary [***7] visitor-for-pleasure visa. See 8 U.S.C. 1101(a)(15) B (1976). A non-immigrant alien in her status is forbidden by federal law to work during her stay here. 8 C.F.R. 214.1(e) (1981). Although her visa expired August 26, 1971, she remained in the United States and accepted employment as a housekeeper in three Maryland homes.

Issue

Whether a non-immigrant alien, excluded by federal law from the job market, may recover wage losses as an element of damages in a tort claim.

The principal question raised by this appeal is whether a non-immigrant alien, excluded by federal law from the job market in this country, may recover wage losses as an element of damages ex delicto.

Rule

A plaintiff cannot recover damages ex contractu when guilty of a criminal offense related to the contract under which they claim, but this does not apply to tort claims where the underlying contract is not criminalized or declared unenforceable by Congress.

We have held that a plaintiff cannot recover damages ex contractu when he is guilty of a criminal offense relative to the contract under which he claims, Bowen Elec. Co. v. Foley , 194 Va. 92, 72 S.E.2d 388 (1952) ; Massie v. Dudley , 173 Va. 42, 3 S.E.2d 176 (1939) ; Eagle, etc., Ins. Co. v. Heller , 149 Va. 82, 140 S.E. 314 (1927) , or when the General Assembly has declared that contract void, Kennedy v. Annandale Club , 221 Va. 504, 272 S.E.2d 38 (1980).

Analysis

The court determined that Neme had standing to sue despite her immigration status, as her claim was based on tort rather than contract. The court reasoned that the exclusion of evidence regarding her immigration violations was appropriate, as it was irrelevant to her claim for lost wages. The court emphasized that allowing her to recover damages for her injuries did not encourage illegal employment, as her claim was rooted in the tortious act of the defendant.

Conclusion

The court affirmed the trial court's judgment in favor of Neme, holding that her immigration status did not preclude her from recovering damages for lost wages resulting from the defendant's negligence.

Finding no error below, we will affirm the judgment.

Who won?

Juliet Neme prevailed in the case because the court found that her immigration status did not bar her from recovering damages in tort, and the trial court's exclusion of evidence regarding her immigration violations was upheld.

The court affirmed the trial court's judgment for plaintiff. It held that plaintiff had standing to sue and that the trial court did not err in excluding evidence of plaintiff's immigration violations and in instructing the jury that it could consider her past loss of earnings as an element of damages since an illegal alien's acceptance of employment was not a crime and since allowing her to recover in tort did not contravene public policy.

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