Plaintiff's Uncertain Diagnosis Insufficient to Survive Challenge

ST. LOUIS - A plaintiff who claimed he received conflicting opinions over whether he suffered from silicosis waited too long to file his complaint for an injury that could have been reasonably linked to silica exposure when it first brought to his attention, a federal judge has ruled. Midkiff, et al. v. 3M Co., et al., No. 08-1221 (E.D. Mo.).

Judge Rodney W. Sippel of the U.S. District Court for the Eastern District of Missouri granted defense motions for summary judgment in the case April 26, determining that the cumulative facts surrounding plaintiff David Midkiff's occupational injury made it clear …