Court Denies Petition to Appeal Mississippi Product ID Ruling

JACKSON, Miss. - The Mississippi Supreme Court has denied interlocutory appeal of a trial court ruling that Empire Abrasive Equipment Corp. said unlawfully shifted the burden to show that a silica plaintiff didn't use its respiratory protection device while working around silica dust. Pangborn Corp., et al. v. McGilberry, No. 2009-M-01521-SCT (Miss. Sup. Ct.).

The high court denied Empire Abrasive's petition Nov. 4 without explanation as to why it did not believe there are unanswered fact questions as to whether plaintiff John McGilberry wore the company's non-airfed hood while sandblasting during his 15-year career.

Empire said in a Sept. 18 …