Court Rejects 'Sophisticated Intermediary' Argument, Reinstates Cases

ROCHESTER, N.Y. - A New York appeals court has reinstated claims brought on behalf of two men allegedly injured by exposure to silica dust, determining that a trial judge erred in dismissing the claim based on a "sophisticated intermediary" defense, HarrisMartin Publishing is reporting. Rickicki v. Borden Chemical, et al., No. CA 07-01668 (N.Y. Sup. Ct., App. Div., 4th Dept.).

In a ruling issued today, the Fourth Judicial Department of the Appellate Division of the New York Supreme Court said questions of fact remain over whether the plaintiffs' employer had sufficient knowledge of potential harm caused by a specific type …