Silica Plaintiffs Appealing Sand Supplier Summary Judgment Ruling

MADISON, Wis. - Plaintiffs in two state court silica cases have indicated their intent to appeal a recent award of summary judgment to a sand supplier that successfully argued the sophisticated user defense. Hanson v. Badger Mining Corp., No. 03-0756 (Wis. Ct. App., 2nd Dist.).

The two former foundry workers filed their notice of appeal March 18 in the Second District Wisconsin Court of Appeals. The appeal stems from a Jan. 13 decision entered in a Winnebago County trial court awarding summary judgment to defendant Badger Mining Corp.

Badger claimed that it should not be held responsible for causing the …