High Court Denies Interlocutory Review of Tolling Issue in Silica Case

JACKSON, Miss. - The Mississippi Supreme Court has denied a petition to appeal a recent decision that permitted a silica plaintiff to re-file his case more than a year after voluntarily dismissing claims he brought several years earlier in multi-plaintiff case. Pangborn Corp, et al. v. Holmes, No. 2010-M-01876-SCT (Miss. Sup. Ct.).

Justice Ann H. Lamar on Dec. 8 denied Empire Abrasive Equipment Corp.'s petition for interlocutory appeal and motion to stay Huey Holmes' silica case after the defendant argued that Holmes' decision to dismiss his prior claim did not toll the three-year statute of limitations, rendering the new case …