Defendants Say Failure to Disclose Claim in Bankruptcy Dooms Silica Case

CARTHAGE, Mo. - A silica plaintiff who failed to disclose the existence of his claim when he filed for bankruptcy should be judicially estopped from pursuing his lawsuit, defendants in the case have argued. Kimberling v. Aearo Co., et al., No. 08AO-CC00006 (Mo. Cir. Ct., Jasper Cty.).

E.D. Bullard Co. and Humble Sand & Gravel said in Jan. 19 motions for summary judgment filed in Missouri's Jasper County Circuit Court that without evidence of disclosure to the court where he filed for bankruptcy in 2004, William Kimberling lacks standing to sue for injuries resulting from his exposure to silica at …