FFP Operating Partners, L.P. v. Love

I agree that the judgment should be affirmed, but I do so for different reasons than those stated in the majority opinion.

I cannot agree that merely advising the jury that the plaintiffs employer is a nonsub-scriber under the workers’ compensation law is improper. In the only two cases that have considered this question, the courts opined that it was not improper to do so unless the reference is used as an argument for the jury to punish the employer for failing to subscribe to the law or to overcompensate the plaintiff because she has not received collateral benefits that other workers…