Brain-damaged immigrant sent back to Guatemala fights back in Martin Memorial case
August 6th, 2009 by Daphne Duret
STUART — Attorneys for the guardian of a brain-damaged former Martin Memorial Hospital patient have asked for a new trial in their lawsuit against the hospital for privately deporting him to Guatemala.
A jury last month ruled Martin Memorial officials acted reasonably in sending Luis Alberto Jimenez back to his homeland in 2003 over the objections of his legal guardian and cousin by marriage, Montejo Gaspar. By then Jimenez had racked up more than $1 million in medical bills the hospital had to pay because Jimenez was in the U.S. illegally.
Hospital officials returned Jimenez after a judge’s ruling approved the transfer, but that ruling was later overturned and Gaspar sued the hospital for false imprisonment. The case quickly became a part of national debates on immigration and healthcare.
Gaspar’s attorneys in a motion filed this week say they didn’t receive a fair trial in the case, referencing rulings from Senior Circuit Judge James Medelis and statements from Martin Memorial attorney Scott Michaud.
Subscribe to TCoastTalk's RSS Feed
Browse the photo galleries here
August 6th, 2009 at 11:46 am
They lost fair-and-square…and will lose again! Gaspar’s legal team should be forced to pay all Martin Memorial’s defense costs this time around!
August 6th, 2009 at 11:58 am
Nice of you to leave out that he was illegal out of the headline.
August 6th, 2009 at 12:07 pm
Note to attorneys of Jiminez:
Give up. You will always lose this case. And you should have to pay defense costs. It’s just common sense justice.
August 6th, 2009 at 12:12 pm
this is a perfect example of trying to milk the system, there is no way illegal immigrants should be hosing this country, this is one of the biggest challenges we face today both in florida and california, illegals taking advantage of the loopholes. we the taxpayer suffer in the longrun this also drives up health insurance premiums because someone has to pay for deadbeats!! thank god for some justice in the world, let them stiff their own government.
August 6th, 2009 at 12:17 pm
Since when do illegals have rights? No right for illegals. If they want rights, let them come over legally, get a green card or better yet become a citizen. Until then, forget it. No rights except to return back to their own country where they never should have left in the first place.
August 6th, 2009 at 12:26 pm
Illegal immigrant = CRIMINAL to begin with. Which means there are NO RIGHTS except maybe prison or deportation.
Whore attorneys (like Obama) are a major part of the continueing downfall of the Founding Fathers USA.
Build a wall and protect the borders and no more illegals will enter the USA, at least not alive.
August 6th, 2009 at 12:29 pm
When a friend of mine was visiting the ER in a country in Europe with socialized medicine, he was asked to pay for the services he was rendered by the hospital staff when they determined he was not a citizen of that country. Sounds like a good plan in this case as well.
Somebody get the losing lawyers some Prozac, unless they’d like to pony up the money for the services the hospital rendered without payment.
August 6th, 2009 at 1:08 pm
Funny how it’s ok to spend billions and billions to fight wars base on false premises, and to bail out banks who shady practices caused their downfall in the first place, but we cannot spend money to help someone in need medically. The priorities of this great nation are seriously skewed. Remember when hospitals were run by priests and nuns and were not-for-profit before all these “healthcare”(sickcare) companies took over in the last 30 years? Sure he may not have legal ground to stand upon, but ask yourselves: “What would Jesus do”?
August 6th, 2009 at 1:08 pm
The illegal immigrant knew or should have known coming to the US illegally was wrong! From that point on, anything he did or suffered was at his OWN risk.
P.S., you owe the hospital a bunch of money and an apology to the citizens of the United States of America.
Stay in your country! It is not our fault that your country’s leaders are crooks, cannot provide for your own people.
David
August 6th, 2009 at 1:09 pm
This is one of many reasons why hospital costs are so out of hand. I feel that thae judge/jury made the right decision in this case. He was here ILLEGALLY. I am so sick and tired of having to pay for all of the illegal aliens that are in our country through the constant increases in our taxes, hospital service costs, health insurance premiums, etc. that are the direct result of these illegal aliens utilizing services that they are do not pay for. This is a form of “stealing” from the legal residents and citizens of America. I am also tired of getting used and abused by these illegals who believe that because they “snuck” in the USA that they have the same rights as those who came to this country following the rules.
August 6th, 2009 at 5:08 pm
I am a condo owner who has watched the property be turned into a safe house for illegal immigrants by a multiple unit owner who rents to his company’s employees, their friends and families. He may even be helping them come into the US, because of the constant and short turn over of people coming and going. He acts as if he is independent of the association and his renters follow his lead.
Our association is a corporation that was was NOT set up to be a safe house with provisions for assimilating undocumented people from other countries into society such as certain charitable organizations, but we can’t do anything legally about it.
After having to live in close proximity with illegals I agree with WPB resident who is tired of getting used and abused by these people who believe, after illegally entering the US that they have same rights as those who came to this county following the rules.
August 6th, 2009 at 5:27 pm
Repeal the 14th amendment, this will stop anchor babies and slow down the rush to get here and have a baby. Then Train those on welfare and unemployed in Texas,Cali,New Mexico
to protect the boarders…