3M Says Plaintiff's Medical Records Prove Silicosis Claims Are Time-Barred

ST. LOUIS, Mo. - 3M Co. has filed a motion for summary judgment in a Missouri silica case, arguing that the plaintiff was aware of his silica-related injury more than five years before filing his lawsuit against the company. Midkiff, et al. v. 3M Co., et al., No. 08-1221 (E.D. Mo.).

The mask manufacturer filed the motion Dec. 17 in U.S. District Court for the Eastern District of Missouri, claiming that the personal injury claims asserted by David Midkiff are barred by the state's five-year statute of limitations.

According to 3M, medical records revealed that Midkiff was diagnosed with silicosis …