Judge Denies U.S. Silica Summary Judgment, Grants Dismissal of Punitive Claims

OAKLAND, Calif. - A California judge has issued a tentative ruling denying a motion for summary judgment by sand supplier U.S. Silica, which argued that the learned intermediary doctrine precluded its duty to warn of dangers associated with silica flour the company delivered to a plaintiff's job site. Smith v. A. Tiechert & Son Inc., et al., No. RG05-221212 (Calif. Super. Ct., Alameda Cty.).

Judge Robert B. Freedman issued the ruling Jan. 29, offering little explanation for why causes of action based on U.S. Silica's alleged failure to warn the plaintiff remain viable given the defendant's insistence that it provided …