Plaintiff in Silica Appeal Says Discovery Hurdles Created Fact Issues

JACKSON, Miss. - A silica plaintiff who is appealing an award of summary judgment to two "non-traditional" defendants has indicated that her efforts to properly identify the parties responsible for her husband's injury, though delayed, were sufficiently diligent to create fact issues. Miller, et al. v. American Optical Co., et al., No. 2008-CA-02148 (Miss. Ct. App.).

Geraldstine Miller says in a Nov. 12 reply brief filed in Mississippi Court of Appeals that the amended complaint naming the two defendants should relate back to her original pleading because it was only through adequate discovery that she was able to identify the …