Mass. Appellate Court Reverses Summary Judgment for Mask Manufacturer

BOSTON -- A Massachusetts appellate court has reversed an award of summary judgment to a mask manufacturer, ruling that a sale agreement the defendant made with a distributor clearly and unambiguously holds the manufacturer liable for any claims arising from the use of its product. Siebe, Inc. v. Louis M. Gerson Co., Inc., No. 07-P-1500 (Mass. Ct. App.).

In the June 30 opinion, the Massachusetts Appeals Court found that the plaintiff does not need to establish that the underlying silica claims have merit, but merely that they fall into coverage agreed upon in the Product Sales Agreement entered into by …