Miss. Court Stays Silica Trial Date Pending Resolution of Appeal

JACKSON, Miss. - The Mississippi Supreme Court has stayed trial court proceedings in a silica case while it determines whether a plaintiff who previously testified that he never wore respiratory protection may later file an amended complaint naming several respiratory manufacturers as defendants. McGraw v. American Optical Corp., et al., No. 2010-M-01005-SCT (Miss. Sup. Ct.).

The July 29 order puts on hold a Sept. 8 trial date for Charles Larry McGraw, who recently argued that because the amended claims against the respirator defendants are part of one lawsuit, they cannot be disposed of by election of remedies or judicial estoppel …