Sandblaster Seeks New Trial, Cites Duty to Warn Ruling, Instructions

PORT GIBSON, Miss. - A silica plaintiff whose case was rejected by a Mississippi jury last month has filed a motion for new trial, citing error in a trial court finding that one of the defendants had no duty to warn of the hazards of silicosis. Westrope v. Pangborn Corp., et al., No. 2007-38 (Miss. Cir. Ct., Claiborne Cty.).

The motion, filed June 12 in Claiborne County Circuit Court, also states that the court erred in determining that defendant Clemco Industries Corp. did not have to warn of dangers associated with another company's products.

"This was error and contrary to …