Defendants Appeal Ruling That Preserved Wrongful Death Silica Action

JACKSON, Miss. - Defendants in a Mississippi silica case have filed petitions for interlocutory appeal of a ruling that allowed a wrongful death claim to proceed even though the underlying case was pending nearly five years before any party acknowledged that the plaintiff had died. Pangborn Corp., et al. v. Morgan, No. 2010-M-00250-SCT (Miss. Sup. Ct.).

Petitions were filed by several defendants Feb. 11 in Mississippi Supreme Court on the heels of a trial court decision allowing a wrongful death claim to go forward after former sandblaster Henry Morgan Sr.'s underlying injury case was dismissed as improperly venued.

Morgan initially …