U.S. Silica Says Sophisticated User Doctrine Bars Calif. Warnings Claim

OAKLAND, Calif. - U.S. Silica has moved for summary judgment in a California wrongful death case, arguing that the decedent's employer was a sophisticated user of the company's sand and was in a better position to warn of any dangers associated with exposure to the product. Smith v. A. Tiechert & Son Inc., et al., No. RG05-221212 (Calif. Super. Ct., Alameda Cty.).

The Dec. 1 motion filed in Alameda County Superior Court relies heavily on a recent California Supreme Court ruling that recognized the sophisticated user doctrine as a viable defense against failure-to-warn claims similar to those asserted against U.S. …