New Medical Record Cited in Bid to Dismiss Pa. Plaintiff's Silica Case

PHILADELPHIA - New medical evidence indicating that a Pennsylvania plaintiff was aware of his alleged silica-related injury more than two years before bringing suit should be sufficient to bar his case based on the statute of limitations, a defendant argued recently in a renewed motion for summary judgment. Lopez v. U.S. Silica Company, et al., No. August Term 2002, 2331 (Pa. Ct. Comm. Pls. Philadelphia Cty.).

Empire Abrasive Equipment Corp. claims in its April 1 motion that newly discovered information from his medical records shows that plaintiff Wilbert Lopez was declared totally disabled in August 1999 as a result of …