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Judge Rules Against Former IBP Worker

Posted on: Friday, 14 April 2006, 21:00 CDT

By Jim McBride, Amarillo Globe-News, Texas

Apr. 13--An Amarillo judge has issued a $211,144 default judgment against a former IBP employee after determining he improperly obtained trade secrets and conveyed them to his stepson's attorneys in another legal dispute.

On March 30, 181st District Judge John Board ruled that Stephen Klumpe violated terms of his employment agreement by transferring plant crewing guides to attorneys representing Klumpe's stepson, Chris Escamilla.

The judge issued the default judgment against Klumpe after he failed to appear for the civil trial March 30, court records show.

The judge's ruling also ordered Klumpe to return copies of the crewing guides, which contain technical information that includes trade secrets.

Board also ordered Klumpe to account for any sums he has received from IBP's competitors.

Several years ago, IBP sued Klumpe, alleging he removed copies of the crewing guides and gave them to his stepson's attorneys.

In October 2002, the U.S. 5th Circuit Court of Appeals upheld a ruling by U.S. District Judge Mary Lou Robinson, who overturned a $10.8 million verdict Klumpe won against IBP. Tyson Foods has since acquired IBP.

Klumpe, a former superintendent trainee at IBP, claimed at the time of his 1997 firing that he was terminated because he would not induce his stepson, an IBP hock cutter who lost some fingers in an industrial accident, to sign an agreement under which the company pays for medical care in exchange for the employee's promise not to sue, part of a statewide change to Texas Workers' Compensation law.

After the initial jury verdict, Robinson invited IBP to file a motion for judgment as a matter of law and the judge rendered a take-nothing judgment in the case, according to court records.

Klumpe appealed that case to the 5th Circuit, which upheld Robinson's take-nothing judgment in that case.

Klumpe's stepson earlier sued IBP and later negotiated an out-of-court settlement of more than $1 million stemming from hand injuries he suffered while working at the Amarillo plant, according to Texas Lawyer.

Tyson spokesman Gary Mickelson did not return phone calls seeking comment on the ruling.

Klumpe could not be reached for comment.

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Copyright (c) 2006, Amarillo Globe-News, Texas

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TSN,

Source: Amarillo Globe-News

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