N.D. Judge Says Sophisticated User Issue 'Smacks' of Question for Jury

FARGO, N.D. - A state court judge in North Dakota has denied motions for summary judgment by two silica suppliers who argued that the sophisticated user doctrine foreclosed their duty to warn sandblasters of silicosis risks associated with their products. Waclawik v. Aearo Company, et al., No. 09-08-C-4010 (N.D. Dist. Ct., Cass Cty.).

Judge Douglas R. Herman ruled Oct. 28 that the issue of whether warnings on bags of sand delivered to plaintiff Jim Waclawik's work site were adequate, or whether Waclawik's employer was sufficiently aware of the dangers posed by the products, are factual determinations that "only a jury …