Jury rules in favor of Stuart hospital that deported immigrant
July 27th, 2009 by Daphne DuretSTUART — A Martin County jury this morning sided with a local hospital in a closely watched lawsuit surrounding the private deportation of a brain-damaged Guatemalan patient.
Martin Memorial Hospital officials in 2003 sent Luis Alberto Jimenez, an illegal immigrant, on a chartered flight back to Guatemala after he had run up more than $1.5 million in medical bills in a case that garnered national attention.
Attorneys for Jimenez’s guardian, Montejo Gaspar, had asked the jury to find that Martin Menorial acted unreasonable in deporting Jimenez and asked for more than $1 million for his care in Guatemala and punitive damages on top of that.
The jury rejected their arguments in a verdict returned early this morning, ending about nine hours of deliberations that began Thursday afternoon.
“We are obviously pleased with the jury’s decision. We have maintained all along that we acted correctly and, most importantly, in the best interests of Mr. Jimenez,” Martin Memorial President and CEO Mark Robitaille said in an emailed statement this morning.
Jurors late Friday had requested to hear for a second time the videotaped deposition from former hospital CEO Dick Harman. In it, Harman said he approved Jimenez’s transfer because he thought Gaspar’s attorneys had exhausted their appeals to a judge’s ruling allowing the deportation.
Health care and immigration experts nationwide have been closely watching the court action. Lawyers say it may be the first of its kind and underscores the dilemma facing hospitals with patients who require long-term care, are unable to pay and don’t qualify for federal or state aid because of their immigration status.
Jimenez, now 37, was a Mayan Indian sending money home to his wife and young sons when in 2000, a drunken driver plowed into a van he was riding in, leaving him a paraplegic with the mental capability of a fourth grader. Because of his brain injury, his cousin Gaspar was made his legal guardian.
Under federal law, Martin Memorial was required to care for Jimenez until someone else would take him. Because of his immigration status, no one else would. But hospitals that receive Medicare reimbursements are required to provide emergency care to all patients and must provide an acceptable discharge plan once the patient is stabilized.
Jimenez spent nearly three years at Martin Memorial before the hospital, backed by a letter from the Guatemalan government, got a Florida judge to OK the transfer to a facility in that country. Gaspar appealed.
But without telling Jimenez’s family — and the day after Gaspar filed an emergency request to stop the hospital’s plan — Martin Memorial put Jimenez on a $30,000 charter flight home early on July 10, 2003.
Weeks later, Jimenez was released from the Guatemalan hospital and soon wound up in his aging mother’s one-room home in a remote mountain village.
The case has raised the question of whether a hospital and a state court should be deciding whether to deport someone — a power long held by the federal government.
The lawsuit sought nearly $1 million to cover the estimated lifetime costs of his care in Guatemala, as well as damages for the hospital’s alleged “false imprisonment” and punitive damages to discourage other medical centers from taking similar action.
Staff writer Andrew Marra and The Associated Press contributed to this story.
Montejo Gaspar, left, the former guardian of Luis Jimenez, Thursday at the Martin County Courthouse. Sarah Grile/The Post
Read previous coverage of the trial here.
Tags: immigrant, immigration, jimenez, Martin Memorial Hospital, Stuart
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July 27th, 2009 at 10:07 am
Finally this country may be heading in the right direction!
July 27th, 2009 at 10:25 am
Americans need to put their foot down…..these illegals are bleeding our health care system to death. Congratulations to the jury…they did the right thing.
July 27th, 2009 at 10:49 am
Yay Yay, I agree. Tired of paying our tax dollars for those that want to live here, have children who then attend and clog our schools (and for which we are responsible for since born in US)and they do not become citizens!!!!
July 27th, 2009 at 10:50 am
Proud of the jurors “job well done.”
July 27th, 2009 at 10:50 am
Agreed on all points. The jury decided appropriately. The “false imprisonment” charges were absolutely ridiculous in light of what length the hospital went through to help this person.
July 27th, 2009 at 10:51 am
I was very happy to see this story this morning. There is no way that the hospital should have to continue caring for this man, and I think that they did exactly the right thing. I actually don’t believe that they should have been required to do anymore than keep him from dying, and then they should have been able to discharge him to his family to pay for his care. Illegals do not need to continute to be such a drain on our health care system. American citiens cannot get care like this for free so those who are breaking the law by even being here should not be able to either.
July 27th, 2009 at 10:52 am
Amen..
July 27th, 2009 at 10:54 am
Mr. Jimenez’s guardian, Montejo Gaspar was looking for a lifetime free ride.
Wonder whatever became of the drunken driver that injured Jimenez…. and his/her insurance company? Oh wait, I forgot; illegals try to avoid courts.
July 27th, 2009 at 10:55 am
Thank you to the jury for seeing this for exactly what it is, Extortion. Suing the Hospital for “false imprisonment” because they had to take the illegal immigrant in and more money for letting him out according to the law. This is all the more reason for immigrants to come into our country the Legal way to avoid such problems.
July 27th, 2009 at 10:57 am
I am not against someone legally coming over here, learning English and working hard to pay taxes like my Grandmother did – but I am against illegals who take our jobs and pay no taxes. What’s amzing is that the hospitals do not legally have to keep and take care of US citizens who have no insurance so why should they be mandated to take care of illegals. The amount of money spent to take care of this person came out of our hard working tax paying dollars. The jury did the right thing!
July 27th, 2009 at 10:58 am
Its unfortunate what happened to him, but he came here illegally..
Hospitals have enough problems already, expensive care for illegals, that will ne payed for, is not on their priority list.
July 27th, 2009 at 10:58 am
One down, 20 million to go!
July 27th, 2009 at 10:58 am
Finally some good news.
July 27th, 2009 at 10:59 am
If this man was injured by a drunk driver, why wasn’t the driver’s insurance charged to care for the victim? If this man was working in the US and paying taxes, yes, even though he was an illegal doesn’t absolve the drunk driver of the responsibility of HIS actions. On the other hand, I do not believe that the hospital should be responsible for the man’s care indefinitely. But when they contacted the Guatamalan government, there should have been a guarantee that the man would be in a suitable facility not a mountain home with his aged mother.
July 27th, 2009 at 10:59 am
USA FIRST. Jurors showed that Common sense is still prevelant in Martin County.
July 27th, 2009 at 11:07 am
I am surprised at the way people tend to think when they do not know the meaning of being subject to the jurisdiction thereof. We publish laws allowing things we read people do not approve of. Ref:Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
(1)practicing the free exercise thereof.
Amendment XIV
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. ref:http://www.law.cornell.edu/constitution/constitution.amendmentxiv.html
If you are subject to the jurisdiction thereof…do you loose if you loose part of your brain? We all are no matter what we do…as we are alive and all live within the abode called Earth. We live upon Earth before we even learn what they call this country.
The court did not follow the laws it was required to, as it follo9wed what Congress does for the ways and means of our people…it followed the Dollar…what it required…and that follow broke the 9th amendment too!
July 27th, 2009 at 11:07 am
Since when does being a “Illegal” make you less of a human being. Did not E. Kennedy state in his health care reform speeches that Health care is a right not a privilege. Shame on you.
Signed: Natural Born Citizen of these United States.
July 27th, 2009 at 11:09 am
GOOD JOB!!! I totally agree with the jurors.
July 27th, 2009 at 11:16 am
Let Mr. Jimenez’s guardian, Montejo Gaspar pay all of the court costs for both sides ! That would stop a lot of these non-sense cases. Greedy Bast%&#
July 27th, 2009 at 11:18 am
HEY HEY . . . . .GOODBYE . . .
July 27th, 2009 at 11:18 am
The jurors made the right decision. Anyone coming here should be required to become a US Citizen asap and learn to speak English. Giving illegal immigrants more rights than US Citizens is not the way it should be – those who work hard should be rewarded. It is very sad that this young man was so badly injured, but it is not up to the State of Florida or the United States to pay for his care.
July 27th, 2009 at 11:21 am
Finally some common sense ,, What does the WORD illegal mean..
I sorry he was hurt.. But our country can NO longer pay for every illegal problems…Our public officals would love to give our country away for a vote…
July 27th, 2009 at 11:24 am
ILLEGAL IMMIGRATION IS CORPORATE WELFARE?
The injury court case of Luis Jimenez, an illegal alien from Guatemala, who was a patient at the Martin Memorial Medical Center in South Florida, will have far reaching impact, regarding mandated laws and open a very large can of worms. The Emergency Medical Treatment and Active Labor Act (42 U.S.C. § 1395dd, EMTALA) is a United States Act of Congress passed in 1986. Hospital and ambulance services must impart care to anyone needing emergency treatment regardless of citizenship, legal status or ability to pay.
The only problem with this is that this federal mandated law never pays the full amount to the institution, if any? So the hospital passes it on to other patients, the insurance company, which once again the costs fall on the taxpayer. Whoever this individual was working for at the time of his accident, should be forced to pay part or all hospital services. Jimenez’s lawsuit seeks nearly $1 million to cover the estimated lifetime costs of his care in Guatemala, because the hospital tried to relieve themselves of the financial burden.
The hospital spent more than $1.5 million on his care, over three years of treatment for his brain damage. If Washington pushes a Path to Citizenship, we can expect spiraling costs for the 20 plus million of legalized person who is already in our sovereign nation. I myself want an alternative to the corruption and greed, shown by insurance companies, which is a government run agency.
By enactment Immigration of reform, millions will demand health care, Pensions, retirement and a rush on government benefits. For those who haven’t already cheated the system, will be a major catastrophe for every taxpayer. On being given a green card they can immediately sponsor their family members. Once here, they can immediately place the burden of sick, handicapped and those with mental disorders, in the hands of welfare services.
California–the SANCTUARY STATE–the economy will stay in hibernation, until the Governor, Mayor, Judges and all elected official stop pandering to illegal immigrants. Many hospitals and clinics closed because of the illegal immigration families into the state. supporting millions of illegal aliens, will raise taxes for bona-fide California residents. City manager Andronovich stated in 2004, he attributed $11. billion dollars in welfare payments to the illegal low income workers, who have saturated Los Angeles county.
WE should then be prepared to receive millions of more illegal aliens, who have absconded from their own country, to take advantage of US taxpayers. All Americans should watch this court case carefully, because the implications are sky high taxes. Clogged health care services, education for every child and section 8 housing, along with every benefit, citizens and permanent residents have no knowledge of; will be the absolute outcome of Obama’s AMNESTY. Get on the phone and tell your politician, you support THE SAVE ACT . Support for the bi-partisan SAVE Act, which will expand E-Verify and protect American jobs! Focuses on the heart of the problem-the jobs that attract illegal aliens. It would phase in a requirement for every employer to use the electronic verification system. NUMBERSUSA, AMERICANPATROL
A report from one of the authoritative Capitol Hill publications suggests that the Hispanic Caucus is quite pleased with the way the current House health plan will provide coverage for illegal aliens. Don’t let the illegal cheap labor businesses win SAVE AMERICAN JOBS! Illegal Immigration is CORPORATE WELFARE! THE LOSER IS ALWAYS THE US TAXPAYER! Call your Senator and Representative demanding the–BORDER FENCE COMPLETION–A PERMANENT E-VERIFY AND NOT RESCINDING THE NO MATCH PROGRAM! COMPLETE YOUR HARASSMENT OF ANTI-SOVEREGNTY, PRO-ILLEGAL IMMIGRANT POLITICIANS BY STATING–NO–MORE IMMIGRATION REFORM–ADD AMENDMENTS TO THE 1986 LAWS! PHONE: 202-224-3121
NO MORE TAXPAYER MONEY SPENT ON ILLEGAL IMMIGRANTS. ANOTHER AMNESTY MEANS IRREVERSIBLE OVERPOPULATION.
Believe it! Your voices–so far–are having the incredulous impact? Support for the bi-partisan SAVE Act, which will expand E-Verify and protect American jobs! The government or press will disguise the truth. Go to NUMBERSUSA, Go to links on website AMERICANPATROL for your area anti-illegal immigration group.
July 27th, 2009 at 11:25 am
These members of the jury need to run for public office…,.
July 27th, 2009 at 11:25 am
I believe that E. Kennedy meant a right for Americans, not everybody on the planet. We should not be responsible for illegal “visitors” to our country. I’m sure that they will take your money if you want to help pay for his health care needs for the rest of his life. You should go visit another country and try to get them to pay for you under the same circumstances. There just isn’t enough money for us to take care of the entire world. Nor is it the hospitals responsibility to make sure that his own family and country takes care of him, if they cared, they would. Sorry Maura.
July 27th, 2009 at 11:29 am
3 cheers for the jury, maybe this will send a message and we will finally get rid of these sneaky, free riding illegals. Now we just have to change the laws so no women can drop their babies here and get on our system. These people are looking for a free ride on our dime , just wish we could deport them all. They work here illegaly and send the money back to mexico, just take, take , take they are scum.
July 27th, 2009 at 11:31 am
I understand all of you but Mating County is well known for discrimination. Whow you are to call yourself American. The real american are the Native and not all of you, you can go hundred of years nback and you will not that you did not belong here, so stop acting as you own this country. I pay my taxes and thousand of illigal pay taxes but they do not received it back like us. I know his country should be incharge of him but if the he suffered discrimination for been a Maya when he was fine what make you believe that they will care about him. I think it is more complicated then just the money or your tax. Have you looked really close to the people who get free food, free medical assistance? I guess not. If you are illigal you do not receive medical help. If you have a job, car and house neither so who do you think is getting your tax. Do some research and lets stop waisting our money and time on something that it does not have a point. Finger points does not take us anywhere. I feel your paint, I work, I pay tax, I have a car and I am paying my health insurance and I do not get anything for free. My parents are though us to depend on us and not on any walfare and I am proud to say that I am an American citizen but not born in this country. This is my ancestor LAND.
July 27th, 2009 at 11:35 am
This is great news! Maybe will set a precedent for future cases! We’ve got to be responsible for “Our Own”, but We can’t be responsible for “Others”. It just taxes the “American Family” too much!
July 27th, 2009 at 11:36 am
Why was the person who hit while impaired required to pay some of the costs? He was the one who left this man in this condition.
July 27th, 2009 at 11:36 am
My son, a US born citizen like myself, had to pay $100, out of pocket, to see a doctor, last week. He works 3 jobs but cannot afford health insurance. Why should a non-tax-paying, illegal alien, be entitled to better medical care than my son?
Mr. Jimenez should have been stabilized in the hospital and shipped back to HIS country, at his own expense, right away. Just the word ILLEGAL tells the whole story. No, he is not less of a human being, however, his illegal status affords him no legal rights in THIS country.
July 27th, 2009 at 11:40 am
well eveyone complains but isnt alot of us money going to other countries in a daily basis why is everything about someones legal status ??? we go to other countries and destroy thier country and then what happens the US government then sends money to rebuild thier country !! so why not help someone who needs medical attention !! If you all really think about it this country use to belong to all those illegals !! why all the hate and slander!! in some way,shape or form are ancestors we are illegals from some other counry!! Grow up !! and no matter from where anyone comes from we are all children of GOD and that is what is important so being so racist!!
July 27th, 2009 at 11:48 am
I am still trying to make sense of your badly worded and spelled comments but I will try to inform you since it seems that you lack education regarding history. Many people have moved and displaced the “original inhabitants” of lands around this globe and yet only WE are blasted as the original land grabbers from the Indians. Can YOU please tell me where the different tribes of Indians came from? Did they just plop down from space into Florida or any other state? The simple fact is that ONLY WE care about peoples that have been displaced or inslaved by our forefathers, no other country around the globe cares! They all seem to live with themselves and sleep at night quite fine after all of the wrongs that their forefathers committed. I am sure that if you did some research that you would probably find an ancestor that lived on land that was taken by someone in your own family.
July 27th, 2009 at 11:50 am
It is time for cool heads to prevail. This is a big country but we’ll soon be stretched beyond repair if we are not already and that is because of America’s big heart. We helped this man and what do they do? They come back to sue us. This is not the only case of this kind in the country and they do this because many in the legal system have made a a joke out of the system. How dare these people feel, after our assistance, they can sue~~it’s insulting! Americans, until the last few decades treated this country with more respect. Why did they do that I wonder? Because they fought for the country…for the right to live with freedom…unfortunately for the right of people to come in and take what they should be fighting for in their own countries. They have the courage to stand up here and demand something that doesn’t belong to them…they have not earned it. If Americans live in these countries, they pay their way…In fact, they make the pilgrimage back and forth to the states, as required by the laws of the countries they live in…who are these people who feel they deserve a free ride?
July 27th, 2009 at 11:52 am
Well, you proved your nickname for sure. My ancestors were not “ILLEGAL”. Maybe yours, but not mine. Your point is clouded by ignorance on legal immigration.
July 27th, 2009 at 12:05 pm
Thank you jury for doing the right thing! Shut down the borders and take care Americans!
July 27th, 2009 at 12:08 pm
Oh yes, and thank you jury for doing the right thing … for not allowing yourselves to be manipulated.
July 27th, 2009 at 12:08 pm
Thank Goodness for an intelligent jury! Finally someone gets it!
This is the first step in making sure ILLEGALS understand they can not take our country for a ride indefinitely. Someone has to stop it and thank God the jurors in this case saw that and have been brave enough to stand up and put their foot down for what is right and say NO, you can no longer take advantage of our country and its taxpayers.
July 27th, 2009 at 12:10 pm
Well put, fred — “these jurors need to run for public office.
I am so sick of the bleeding hearts killing our country with sympathy for all of those people who cannot seem to have responsibility or accountability for themselves. And yes, Oh MY, health care is a RIGHT, for US citizens in the US.
July 27th, 2009 at 12:16 pm
Next step, Remove automatic US citizenship from 14th amendment for anyone in country Illegally
July 27th, 2009 at 12:18 pm
Let me expand! its for new borns on US soil of illegal’s
July 27th, 2009 at 12:21 pm
The reason President Obama is stressing Healthcare reform is the country being in situations like this. In the early Fifties, when Chief Justice Earl Warren was the Governor of California, he tried to introduce affordable healthcare in California,and after they would have work out the kinks in the healthcare operation they had on the table then, just think how far ahead of the business of Government supported healthcare we would have Now! The cooperative living experience which should be between the Two hospital’s and the preservation of One life, was handled all together wrong, because the experience they would have learned from treating the patient, should supersede the Cost. The Cultural exchange for Future cases could develop a Human concern policy.
July 27th, 2009 at 12:31 pm
good job men and women of the jury
July 27th, 2009 at 12:52 pm
No doubt he would have been counted in mr. obamas 47 million UNINSURED but he still got treatment which the obama clique refuses to acknowledge, mr. obama this is a great country and needs no apologies for our medical services
July 27th, 2009 at 1:16 pm
Is there some responsibility of the companies that hire illegal immigrants, as many do, then pack them into vans and trucks without safety belts as they are transported to and from work? How many of you have not seen this abuse? Men standing up or jammed into vans along the highways.
Memorial Hopital did a great job caring for this patient as long as it did. I believe thejury’s judgment was fair but wonder why no one raised the issue of the hiring company’s responsibility.
Compassionate citizen
July 27th, 2009 at 1:41 pm
Yes, Yes, Yes!!!! Score one for the home team!!!! Maybe we can get on a roll and better our lives and the quality of them as Americans!!!! At least something makes sense and thank you men and women of the jury!!!!! Hurrah!!!!!!
July 27th, 2009 at 2:53 pm
Good for this jury! I’m a public health professional with a master’s degree and I’m tired of struggling to make my bills yet watch everyone around me (who I know if illegal…it’s Miami after all)make great money (under the table) and driving their nice cars, wearing their nice clothes and living in fabulous apartments. Disgusting. We need to crack down on appropriate citizenship and services offered.
July 27th, 2009 at 3:23 pm
What a great precedent this jury set! No doubt there are other cases in the works similar to this one, perhaps not on so grandiose a a $ scale, and this precedent will provide guidance in decision-making. It’s so gratifying to see fairness and common sense prevail. Unfortunately it doesn’t happen often enough in this country.
July 27th, 2009 at 3:38 pm
Good Job,Jury.!!!
July 27th, 2009 at 4:44 pm
For those people posting who are tired of taking care of illegal aliens from cradle to grave and getting benefits over natural born citizens, elections are coming up. Throw out Bill Nelson. Do not vote for Charlie “Republican in name only” Crist, and for goodness sakes NEVER allow an immigrant to become an elected official. You know pur current (also RINO) Senator, Mel Martinez, only ran for the Senate to ensure “his people” would get legal status. Look at Judge Sotomayor.She said that she can make better decisions than white men because she is a Latino woman. She was born in AMERICA! Why can’t she make good decisions as an AMERICAN woman? Personally i am tired of multiculturalists that wnat whites to be color blind, but they play the race care whenever they find it convenient. Throw out the pandering politicians!
July 27th, 2009 at 5:15 pm
I don’t think the citizen status should matter in this case.
Whether you are native born, immigrant or illegal alien, you
can ‘t expect to run up $1.5M dollars of medical care with no insurance or expectation to pay.
Something had to give.
July 27th, 2009 at 5:16 pm
WOW, Cant we all get along? Quess not.
July 27th, 2009 at 6:29 pm
This suit should have never been brought. Hopefully the word will
get out. The patient was given more care at no cost than almost
any American except maybe for Congress, the Court & key Admin.
staff members. The suit wreaked of greed.
My only question is why did the jury take so long? A corollary
is whether the plaintiff will go to his native country and try
to get proper care using a law suit?
I suggest he is happier being at home.
July 27th, 2009 at 7:13 pm
It’s About TIME
July 27th, 2009 at 7:19 pm
It was a good day and a fair ruling in favor of Martin Memorial Hospital. Martin Memorial is a gem for all residents in the Martin and St. Lucie County area. I am thrilled the system has protected “our” hospital. The hospital went above and beyond to salvage the life of this unfortunate illegal immigrant who was nearly killed by a “gringo” drunk driver who was arrested, prosecuted and incarcerated. The accident victim though innocent was fortunate to get the medical attention he received, but there has to be a cap, there has to be limits in what a hospital is required to expend on an uninsured illegal immigrant. The victim can take up his case with the drunk drivers insurance company not the hospital. To the jury, I salute you!
July 27th, 2009 at 8:35 pm
Contrary to what some of you believe 1. Health care IS NOT A RIGHT FOR ANYONE. 2 NON-CITIZENS ARE NOT ENTITLED TO ANYTHING.The people who come here legally are entitled to the same benefits as citizens because they are required to pay taxes and have insurance like the rest of us. Why would anyone say that a burglar who breaks into your house has the right to stay there, eat your food and sleep with your wife?? Think about it
July 27th, 2009 at 8:39 pm
Why no mention of the name of the scum sucking Law firm that was looking for a pay day?
July 28th, 2009 at 2:07 am
The major problem in this Country is…once voted into office, people lose the pride and honesty they should have in representing all legal American citizens/tax payers, and only see the $$$ signs, and what they can get…the corruption is over whelming! American citizens are, and have been being literally by our government, and all the free benefits they are, and have been giving illegals sneaking into our USA, that legal citizen do not get! And by ignoring their responsibility to close all boarders, for Americans safety, peace and protection…which they totally ignor doing thus far. It is up to legal American citizens, to get up and demand, and keep demanding our Government start acting responsible and honest in their fidicuary duties to us…before, the USA is no longer.
July 28th, 2009 at 9:05 am
How do we keep illegals out of the country, when we can’t keep one out of the White House?
July 28th, 2009 at 10:12 am
shame on ( natural born citizen).. what will you do if u need medical care and the hospital cannot provide it because they have exhausted there monies keeping illegal persons in there care and cant accept you.. if these people want the benefits of a citizen.. come to this country….LEGALLY.. AND DONT BE A BLEEDING HEART NATURAL BORN.. LIFE IT NOT ALL FREE.. YOU HAVE TO PAY THE PIPER SOME TIME AND THAT TIME HAS ARRIVED AMERICA.. WAKE UP AND TAKE OUR COUNTRY BACK FROM THE POLITICIANS AND GET RID OF THEM AFTER ONE TERM AND DONT PAY THEM SALARY FOR LIFE FOR THAT ONE TERM.. THINK ABOUT IT.. AND THEN ACT ON IT
July 28th, 2009 at 10:47 am
There was a comment on a previous article, “Caring or Cunning?”, that addressed the employer being sued for medical expenses, as well as fining the employer and turning them into the IRS.
July 28th, 2009 at 11:02 am
Jack Scarola of Searcy, Denney, Scarola, Barnhard, and Shipley was the attorney that brought the lawsuit. After the initial article appeared on TCPalm, the blog section blew up about his ethics and greed. The following Sunday the paper allowed him a huge editorial where he claimed he was doing the right thing for the plaintiff and tried to sell himself as an attorney that cares about all humans. The editorial led to more anti-Scarola sentiment. None of the stories that followed mentioned Scarola’s name. A junior attorney in his firm – Bill King actually tried the case. Scarola will be hard pressed to find a client in Martin County. If he cared so much wouldn’t he have done it pro-bono? He originally was seeking about 30 million. Oh, by the way, King said they plan on filing an immediate appeal….
July 28th, 2009 at 12:29 pm
I am curious what about the drunk driver. Did he have insurnace? Is he liable at all?
July 28th, 2009 at 12:56 pm
My bleeding heart says:
He who oppresses the poor shows contempt for their Maker, but whoever is kind to the needy honors God.
Proverbs 14:31
July 28th, 2009 at 1:12 pm
God Bless this jury for doing the right thing and thus preventing the floodgates from opening. Those who are supporting Obamacare should read the fine print to see that it proposes including the millions of illegals in its “health care for all”. Who do you think is going to foot the bill?
July 28th, 2009 at 8:52 pm
Thank goodness the decision was left to average citizens instead of Congress or else he would be here for life. We have all had enough of them using our tax dollars to subsidize illegal aliens. Congress has more allegiance to illegal aliens and the open borders lobbies than the citizens that elected them.
July 28th, 2009 at 9:22 pm
Great work jurors! When are the lawers going to be constrained to using common sense? Oh thats right, our entire government and politicians are lawyers (most anyway). Shakespeare does have a point after all.
July 29th, 2009 at 2:05 pm
Theres alot of miss information out there.I was at the trial,this case is wrong on so many levels.Number 1 Mr Jimenze roomate was a Jamican man who wanted to go back to his homeland,but could not afford it.MMH help him get there. Mr Jimenez WANTED the same treatment. His guardian montejo gasper to his credit was ALL FOR IT untill he told his attorney.Thats a whole different story in itself.The long and short of it is he couldnt sue anyone if Mr Jimenez was out of the counrty. Number 2 the major cost of Mr Jimenez was in the first year of his stay, Martin Memorial is NOT long term care hospital.Nobody would take him or did anyone have a better idea.Martin Memorial had a written guarantee from the goverment of Guatemala that they would take care of Mr Jimenez.So at a addional cost of 30 thousand dollars Martin Memorial sent him home with a nurse by his side.There is so much more to this case but the bottomline is these attorneys came in and threw lots of mud on the wall and waited to see what would stick.This is why they sued for false imprisonment, think about it false imprisonment this case was about money nothing else,but thats just my view.The third point I wanted to make was the driver who hit Mr Jimenez.The drunk drivers insurance company was sued got 30.000 dollars split four ways you do the math subtracting attorney fees If I could say one more thing,we all need to stand together as Americans.Unless illegal immigrantion affected you in your busines and in turn your family.You wouldnt understand.I hope that clears somethings up for you all
July 31st, 2009 at 4:46 pm
why did it take so long to send him back. When I needed to go to the doctors, then to the hospital no one would see me without insurance. It was not aquestion of what was my illness just what insurance do I have.
October 29th, 2009 at 10:48 am
this case never appeared in my local newspaper, the contra costa times,richmond california. it seems an important and unusual case to me. why are the media avoiding publishing negative stories about illegals? according to john reineir’s article ,”anchor babies”, by 2042 mexicans will be in the majority. we need to wake up and smell the cafe. they haven’t done very well running mexico what will happen to the our country when they can outvote us.?
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August 27th, 2010 at 4:59 pm
Illegal immigration is not a new problem people, Native Americans used to call it ‘White People’.