Velasquez

Velasquez v. Centrome, Inc.

Good Law
183 Cal. Rptr. 3d 150·2015 Cal. App. LEXIS 90·233 Cal. App. 4th 1191·80 Cal. Comp. Cases 134
Court of Appeal of CaliforniaJanuary 30, 2015B247080California10,599 words

Opinion

Opinion

Bigelow, J.

— Plaintiff and appellant Wilfredo Velasquez appeals from a judgment after jury trial of his product-related personal injury action. Velasquez alleged his lung disease was caused by workplace exposure to a chemical compound, diacetyl, that was distributed by defendant and respondent Centróme, Inc., doing business as Advanced Biotech (Advanced). The trial court entered judgment on the jury’s special verdict, which included findings, as to multiple causes of action, that Advanced’s acts were not a substantial factor in causing harm to Velasquez.

After finding the issue relevant to Velasquez’s ability to receive a lung transplant, the trial judge advised the prospective jurors during jury selection that Velasquez is an undocumented immigrant. Velasquez claims the jurors who decided his case were incapable of being fair given their knowledge of his immigration status. We find the trial court erred when it disclosed Velasquez’s undocumented immigrant status to the venire of prospective jurors, and in denying a motion for mistrial. We find the denial of Velasquez’s motion for mistrial requires that the judgment be reversed.

FACTS

Background

In the summer of 2003, Velasquez…

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