Trini sues NY Hilton for $12m

A TRINIDADIAN has sued the New York Hilton Hotel for more than TT $12 million after he was badly scalded in the hotel’s basement. But before Assif Asgar-Ali, 29, could lay his hands on that money, he had to pass a major hurdle. Lawyers for Hilton argued that before Asgar-Ali could contest such a claim, he had to prove he was legally in the United States..... and entitled to work. But State Supreme Court Judge Orlando Acosta rejected the argument last Friday where the Hilton wanted Asgar-Ali to reveal his immigration status or to prove he has documents to work legally in that country. In a decision made public last Friday, Justice Acosta said he found no indication that Asgar-Ali, a native of Trinidad, used fraudulent papers to get work at GPA Mechanical, the contractor he was working for when he was injured by the hotel’s steam system. Charles H Spiegel, who represents the Trinidadian, said his client was injured after a Hilton employee told him in the hotel’s basement that he had closed the steam system’s valves and it was safe for Asgar-Ali to begin cutting pipe.

“He had forgotten to close one valve,” Spiegel said, “and scalding water and steam poured out all over my client, causing severe burns over his head, neck and shoulders.” The story was reported in yesterday’s New York Newsday. The lawyer said Asgar-Ali was admitted to the New York-Cornell Hospital burns unit, where he underwent several skin grafts. He was hospitalised for two weeks, Spiegel said, and was unable to work for several months after his discharge. Asgar-Ali sued for US $35,000 in lost wages and for US $2 million for pain and suffering and medical expenses. Spiegel said Hilton’s request for his client’s immigration status — after he sued — was an attempt to embarrass him. “This guy has been working and paying his taxes,” Spiegel said. Justice Acosta cited previous cases that said an immigrant’s status for purposes of recovering wages was irrelevant where there was no showing that deportation proceedings had begun or were contemplated against the immigrant.

The judge said the Hilton lawyers had failed to show any pending deportation action against Asgar-Ali. Justice Acosta said the Trinidadian had shown Hilton lawyers that he was working “on the books” for GPA Mechanical and had paid federal and state income taxes and Social Security. The judge also indicated that he was suspicious of the hotel’s motives. “If Hilton were really interested in (Asgar-Ali’s) alien status, it would have established a process consistent with the Immigration Reform and Control Act to learn whether GPA Mechanical’s employees were authorised to work in the United States,” Justice Acosta wrote. “Hilton’s interest in plaintiff’s (Asgar-Ali’s) alien status can only be construed as an attempt to deny plaintiff access to the courts through intimidation,” the judge wrote. “This is intolerable to this court. Accordingly, plaintiff’s alien status is irrelevant and plaintiff does not have to disclose it,” Justice Acosta wrote. He added that if for any reason Asgar-Ali’s status as an alien becomes relevant, the Hilton lawyers could renew the motion.