Eighth Circuit Upholds Sophisticated User Ruling in Silica Case

ST. PAUL, Minn. - A federal appeals court has affirmed a decision to award summary judgment to a sand supplier on grounds that the recipient was at the time a sophisticated user of the product. Bergfeld v. Martin Marietta Corp., et al., No. 02-2114 (8th Cir.).

The Eighth Circuit U.S. Court of Appeals issued its ruling Feb. 11, upholding a federal district court decision that relieved sand supplier Martin Marietta Corp. (Lockheed Martin) of its legal duty to warn the recipient of risks posed by excessive exposure to its silica sand.

The decision follows an appeal of the U.S. District …