STORY FROM: Benzene & Emerging Toxic Torts Litigation

8th Circuit Reverses $1.3 Million Default Judgment Against Pulmosan in Silica Case, Cites Faulty Service of Process

ST. LOUIS –– The 8th Circuit U.S. Court of Appeals has reversed a default judgment of $1.3 million against Pulmosan Safety Equipment Corp. in a silica personal injury lawsuit, saying that the attempted service of process in the case was invalid.

In the Oct. 9 ruling, the 8th Circuit concluded that since the service of process was invalid, the court lacked jurisdiction over the defendant and its judgment is therefore invalid.

The plaintiffs argued that Phillip Bell Sr.’s employment caused him to come into contact with silica sand. Bell used Pulmosan’s respiratory protection hood, but still developed pulmonary silicosis, according ...

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