James Marcus Gee v. Liberty Mutual Fire Insurance Company

This workers compensation case presents us with an opportunity to revisit a recurring trial problem of introducing testimony of witnesses who were not previously identified in response to interrogatories. James Marcus Gee was injured by a metal pallet which crushed his leg while he was in the course of employment with Campbell Soup Company. Unsatisfied with the decision of the Industrial Accident Board, Gee brought a workers compensation action against Liberty Mutual Fire Insurance Company, Campbell Soups workers compensation carrier, alleging that he suffered from a general injury and in the alternative that the injury extended to and affected his body generally. Liberty Mutual claimed that the injury was a specific injury to Gees leg. The trial court rendered judgment for Gee consistent with the jurys finding that Gee was totally and permanently disabled from an injury which extended to and affected his body generally. The court of appeals, with one justice dissenting, reversed and remanded the cause to the trial court because testimony of previously undisclosed witnesses was admitted at trial. 749 S.W.2d 883. We reverse the judgment of the court of appeals and remand the cause to that court for consideration of factual insufficiency points.