Flint Supplier Asserts Sophisticated User in Silicosis, Scleroderma Case

CARTHAGE, Mo. - A defendant in a Missouri silica case has moved for summary judgment based on the sophisticated user doctrine, claiming that it had no duty to warn of dangers associated with a flint abrasive that allegedly caused the plaintiff to develop scleroderma and silicosis. Kimberling v. Aearo Company, et al., No. 08AO-CC0006 (Mo. Cir. Ct., Jasper Cty.).

Humble Sand & Gravel filed the motion Jan. 19 in Jasper County Circuit Court and contends that plaintiff William Kimberling's employer was responsible for providing appropriate safeguards against inhaling silica dust created by Humble's flint product. Humble says it provided adequate …