The US District Court for the Northern District of Illinois, Western Division, Rockford, recently granted Tom Burke's motion on behalf of his client, a national trucking company, to bar the estate of the decedent from presenting a loss of support claim based on the decedent's earnings in the United States.
The decedent was an illegal alien working at a warehouse distribution facility using someone else's name and Social Security Number. He was killed in a loading dock accident. Mr. Burke argued that the well-established rule that a plaintiff should not be able to seek damages for illegally obtained gains or benefits applied, and the court agreed. The ruling is significant because under Illinois law, the two primary elements of damages for wrongful death are loss of support and loss of society. The ruling effectively eliminates the loss of support element of damages from the case.
