Jerry L. Kennon and Mary Ann Kennon, Individually and as Next Friend of Jerry L. Kennon, Jr. v. Slipstreamer, Inc.

CLARK, Chief Judge:

Texas law governs this product liability case based upon diversity jurisdiction. The jury rendered a verdict against defendant-appellant Slipstreamer, Inc. Slipstreamer appeals, alleging various errors in the conduct of the trial. Finding that the district court’s improper comment to the jury on the amounts paid in plaintiff’s settlements with other defendants was prejudicial to the rights of Slipstreamer, Inc., we reverse and remand for a new trial.

I

On June 12, 1980, the moped on which Jerry L. Kennon, Jr., was riding struck a chughole in a private road. A piece of the…