N.Y. Silica Plaintiff Alleges That 3M’s Respirator Testing Failures Support Negligence Per Se Claim

ROCHESTER, N.Y. – 3M is disputing allegations by a silica plaintiff that its testing of a particular respirator model violated federal safety regulations and amounts to negligence per se, saying the assertion is baseless and is meant to distract the court from the plaintiffs’ lack of evidence to support his claims.

3M’s denunciation came in a Nov. 18 response to a motion by Robert Coene for partial summary judgment on his negligence per se cause of action, in which he maintains that 3M “willfully and intentionally” violated National Institute for Occupational Safety and Health regulations in conducting quality control tests …