Defendants' Appeal Questions Re-Filing of Silica Suit After Voluntary Dismissal

JACKSON, Miss. - A defendant has appealed a recent decision denying its motion to dismiss a silica case it says was re-filed as a single-plaintiff action more than a year after a former sandblaster moved to voluntarily dismiss his multi-plaintiff claim in Mississippi. Pangborn Corp, et al. v. Holmes, No. 2010-M-01876-SCT (Miss. Sup. Ct.).

In a petition for interlocutory appeal filed Nov. 15 in Mississippi Supreme Court, Empire Abrasive Equipment Corp. says the plaintiff's decision to voluntarily dismiss his case did not toll the three-year statute of limitations, rendering the new case time-barred.

Huey Holmes initially filed his claims as …