Court Refuses to Award Judgment on Negligence Claim Related to MSA Dustfoe 66

ST. LOUIS - Plaintiffs in a Missouri silica case have been denied summary judgment on a negligence per se claim in which they accused Mine Safety Appliances of failing to seek government approval for their Dustfoe 66 respirator until five years after the regulations became effective. Scaggs v. 3M Co., et al., No. 08-1163 (E.D. Mo.).

Judge E. Richard Webber ruled Oct. 6 that regardless of the regulatory standards in place at the time plaintiff Carl Scaggs wore the Dustfoe 66, government approval for the product was never revoked or rescinded and there existed no evidence that MSA was ever …