Ernest Lee Irvan v. Frozen Food Express, Inc.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In a case arising from a back injury, an East Texas jury awarded this plaintiff $400,000 against his employer, a non-subscriber to workman’s compensation. Persuaded that the employer was denied a fair trial by the employee’s exploitation of the firm’s non-subscriber status and by the receipt into evidence of irrelevant claims by other employees against the company, we reverse and remand for a new trial.

I

Ernest Lee Irvan hurt his back while lifting pallets as he loaded his truck at the Dallas dock of Frozen Food Express. At trial, Frozen Food stipulated…