Pa. Judge Denies Empire Abrasive Motion for Summary Judgment

PHILADELPHIA - A defendant in a Pennsylvania silica case has been denied summary judgment for the second time in a case where it was alleged that the plaintiff waited too long to file a civil complaint after he was diagnosed with silicosis. Lopez v. U.S. Silica Company, et al., No. August Term 2002, 2331 (Pa. Ct. Comm. Pls. Philadelphia Cty.).

Judge Sandra Mazer Moss of the Philadelphia Court of Common Pleas ruled June 1 that disputed issues of material facts remain in the medical history supporting plaintiff Wilbert Lopez's silica claim and, therefore, defendant Empire Abrasive Equipment Corp.'s motion for …