Rice Food Markets, Inc. v. Williams

OPINION

NUCHIA, Justice.

Frederick P. Williams, appellant, sued his employer, Rice Food Markets, Inc. (“Rice”), for a work-related injury. Rice is *736a non-subscriber under the Texas Worker’s Compensation Act. Trial was to a jury, which awarded Williams $64,500 in actual damages plus pre-judgment interest. We reverse and remand with instructions to the trial court.

BACKGROUND

Williams was employed as a meat manager for Rice. In April 1996, he was rolling a cart loaded with cases of chicken out of the cooler. Just outside the cooler there was a drain in the floor with a slight dip. As he rolled the…