A worker who suffered personal injuries in a car wreck was the subject of the appeal in Grocer’s Supply, Inc. v. Cabello, ___ S.W.3d ___ (Tex. App.—Dallas 2012, no pet.) (December 21, 2012). The personal injury attorney for the worker struck by an 18-wheeler while changing a tire on the side of the road sought lost income damages (lost earnings/earning capacity). The attorneys for the trucking company asked the trial court and the Appeals Court to consider the effect of the Immigration Reform and Control Act (IRCA) on an undocumented worker’s ability to seek damages for future wage loss/earning capacity. In defending the claims arising from the truck wreck, Grocer’s Supply claimed that federal law prohibited undocumented workers from receiving wages in this country and thus, pre-empted state law tort claims seeking that element of damages. The Court of Appeals declined to find that federal labor law pre-empted state court tort law in this area.
