Miss. Silica Claims Against Disposable Respirator Maker Dismissed on Lack of Alternative Design Argument
April 2, 2015
DOCUMENTS
- Order
LAUREL, Miss. — A Mississippi trial judge has dismissed claims filed against the manufacturer of a single-use disposable respirator that allegedly failed to protect a former jackhammer operator from inhaling hazardous silica dust.
In a March 28 order that came two days before the case was scheduled for trial in Jones County Circuit Court, Judge Dal Williamson ruled that design defect and related claims against Moldex-Metric Inc. could not proceed absent evidence of a feasible alternative to the mask’s design that would have reasonably prevented the plaintiff’s exposure and eventual death.
Plaintiff Michael Gean Mealer Jr. died from lung …
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