Court Won't Revisit CT Scan Evidence, Order Affirming $7.5 Million Silica Verdict

BEAUMONT, Texas - A motion to reconsider the decision affirming a landmark $7.5 million silica wrongful death verdict has been overruled by a state appeals court in Texas. U.S. Silica Co. v. Tompkins, No. 09-01-377 (Texas App. Ct., Ninth Dist.).

The Eight District Texas Court of Appeals on Jan. 9 denied the motion for rehearing after defendant U.S. Silica claimed that crucial medical evidence indicating that the plaintiff's death was not caused by silica dust exposure was excluded at the trial court level.

In its decision upholding the verdict, the appeals court found that prior to the jury's entry of …