Court Refuses to Offer Guidance on Sophisticated User in Pa.

PHILADELPHIA - A Philadelphia judge has denied a defense motion to allow application of the sophisticated user doctrine to cases alleging injury from exposure to silica. In Re Silica, March Term 2003, No. 0001 (Pa. Comm. Pls., Philadelphia Cty.).

Philadelphia Common Pleas Court Judge Sandra Mazer Moss said Aug. 25 that the motion, which essentially sought an advisory opinion on the viability of the defense, should be denied because such opinions are not supported by appellate case law.

Ricci Bros. Sand Co. filed the motion in July, arguing that Pennsylvania case law and several other factors weighed in favor of …