Defendants Seek Dismissal of Miss. Plaintiff's Survival Claims

COLUMBUS, Miss. - Two defendants have moved to dismiss survival claims asserted in 2009 by the widow of a former sandblaster who, himself, filed a silica-related lawsuit eight years earlier in Mississippi. Birmingham v. Pulmosan Safety Equipment, et al., No. 2009-0006-CV1 (Miss. Cir. Ct., Lowndes Cty.).

Empire Abrasive Equipment Corp. and The Morie Co. brought the motions Dec. 4 and Jan. 19, respectively, in Lowndes County Circuit Court, where a judge previously ruled that only the wrongful death claims asserted by the widow of Jimmy Birmingham could survive the statute of limitations.

Birmingham sued numerous defendants in May 2001, alleging …