Silica Defendant Cites Workers' Compensation Claim in Seeking Dismissal

CHARLOTTE, N.C. -- A silica defendant involved in a North Carolina case has moved to dismiss the claims, citing statue of limitations and product identification faults in the plaintiffs' complaint. Simpson, et al. v. Air Liquide America, et al., No. 09-172 (W.D. N.C.).

In the Aug. 16 motion filed in the U.S. District Court for the Western District of North Carolina, Porter Warner Industries says a workers' compensation claim filed by the plaintiff prior to bringing the instant complaint indicates that he knew about his silicosis diagnosis years before filing the lawsuit.

John Parks Simpson claimed in his April …