Motion Says Savings Statute Doesn't Apply to Wrongful Death Silica Case

HATTIESBURG, Miss. - Defendants in a Mississippi case have moved for summary judgment claiming that a wrongful death case filed on behalf of a former sandblaster who died after bringing his own personal injury claim cannot be re-filed under the state's Savings Clause. Owens v. Pangborn, No. CI07-0108 (Miss. Cir. Ct., Forrest Cty.).

Clark Sand Co. Inc., Clemco Industries and Pangborn Corp. said in a Feb. 10 motion filed in Forrest County Circuit Court that the wrongful death claims filed on behalf of Artis Owens relate back to Owens' prior lawsuit filed in 2002 and are, therefore, barred by the …