Mo. Court Questions Evidence of Diagnosis in Denying Summary Judgment

ST. LOUIS - A federal judge has denied a defense motion for summary judgment in a silica case, saying that a diagnosis of silicosis in the plaintiff's medical chart was contradicted by medical testimony and is not indisputable evidence that he was on notice on a particular date. Midkiff, et al. v. 3M Co., No. 4:08cv1219-DJS (E.D. Mo.).

Judge Donald J. Stohr of the U.S. District Court for the Eastern District of Missouri said in his Dec. 27 order that Olen Midkiff offered sufficient evidence that the diagnosis was unconfirmed - including testimony from those same physicians - to raise …