Court Denies Defense Effort to Reargue Silica Warnings Issue

ROCHESTER, N.Y. - A New York appeals court has opted not to reconsider its ruling that manufacturers of silica-related products have a non-delegable duty to warn two workers of dangers associated with exposure to silica dust. Rickicki v. Borden Chemical, et al., No. CA 07-01668 (N.Y. Sup. Ct., App. Div., 4th Dept.).

On Oct. 2, the Fourth Judicial District of the New York Supreme Court's Appellate Division denied a defense motion to reargue their case, which the defendants said hinged on the fact that they had no duty to warn the workers because their employer was a sophisticated user of …