Defendant Says Trial Court Shifted Burden in Product ID Ruling

JACKSON, Miss. - Empire Abrasive Equipment Corp. has filed an appeal in Mississippi after a trial court judge determined that questions remain as to whether the plaintiff used the company's respiratory protection product, which he identified during a deposition in a previous case. Pangborn Corp., et al. v. McGilberry, No. 2009-M-01521-SCT (Miss. Sup. Ct.).

Empire says in a Sept. 18 petition in Mississippi Supreme Court that the trial judge incorrectly denied its motion for summary judgment after a co-defendant failed to prove that it showed the plaintiff a photo of its product to rule out the possibility that he wore …