U.S. Silica: Court Misinterpreted Significance of Excluded Evidence

AUSTIN, Texas - U.S. Silica Co. has filed a petition in Texas Supreme Court challenging an appeals court decision that it says significantly downplays the impact of erroneously excluded evidence on a jury's decision to award $7.5 million to the family of a former sandblaster. U.S. Silica Company v. Tompkins, No. 03-0195 (Texas Sup. Ct.).

In a petition for review filed March 31, U.S. Silica claims that the appeals court correctly determined that the evidence, which included objective analysis of a CT scan showing that plaintiff Donald Tompkins suffered little effect from his exposure to silica, was excluded in error. …