Silica Plaintiff Tells Court that Amended Complaint Relates Back to Original

JACKSON, Miss. - A plaintiff who contends that she was prevented from determining the identity of all defendants responsible for her husband's silica-related death has filed an appellant's brief, explaining why her case should not have been dismissed on statute of limitations grounds. Miller v. American Optical Co., No. 2008-TS-02148 (Miss. Sup. Ct.).

Geraldstine Miller filed her opening brief July 2 in the Mississippi Supreme Court, arguing that the delay should be disregarded as a result of her diligent attempt to add the defendants to a second amended complaint that was deemed untimely by the trial court. Miller further maintains …