Tenn. Court Affirms Dismissal of Silica Suit, Says Statute of Repose Shouldn’t Contain Exception for Silica Claims

NASHVILLE, Tenn. –– A Tennessee appellate court has affirmed dismissal of a silica exposure suit, finding that the inclusion of an exception for asbestos claims in the state’s statute of repose, but not for silica claims, did not violate the plaintiff’s equal protection rights.

In the Nov. 25 opinion, the Tennessee Court of Appeals agreed with the trial court’s reasoning that silica and asbestos claims are not similarly situated by injury or class.

Earl T. Adams alleged in his lawsuit that he developed lung cancer as a result of exposure to silica while working as a sandblaster. Adams’ work spanned …