Plaintiff Moves for Summary Judgment on MSA Negligence Claim

ST. LOUIS - A plaintiff in a Missouri silica case has moved for summary judgment on a negligence claim filed against Mine Safety Appliances, arguing that the company waited too long to seek proper certification of a respirator he wore when working around silica dust. Scaggs v. 3M Company, et al., No. 08-1163 (E.D. Mo.).

In a motion filed July 30 in U.S. District Court for the Eastern District of Missouri, Carl Scaggs argues that MSA's failure to comply with federal requirements for respirator products between 1965 and 1970 constitutes negligence per se.

Scaggs worked at ISP Corp. in Annapolis, …