Defendants Cite Borg-Warner, Lack of Product ID in Move to Dismiss Silica Case

FARGO, N.D. - Aero Co. and American Optical Corp. have filed motions for summary judgment in North Dakota, seeking dismissal of a former sandblaster's claim that their products caused him to develop silicosis. Waclawik v. Aearo Co., et al., No. 09-08-C-4010 (N.D. Dist. Ct., Cass Cty.).

In a motion filed Aug. 19 in Cass County District Court, the defendants argue that Jim Waclawik has failed to provide sufficient evidence linking the respiratory devices to his disease, despite testifying that he used the products during the course of his 13-year career at Valley Sandblasting and Paint Co.

The defendants also assert …