Respirator Defendants Urge State Supreme Court to Hear Appeal in Silica Case

MADISON, Wis. - Respirator defendants who had an award of summary judgment reversed recently in a Wisconsin silica case have petitioned the state's Supreme Court to determine whether a plaintiff was obligated to investigate his respirator as a possible cause of his alleged injury. Cocroft v. Badger Mining Corp., et al., No. 02-1197 (Wis. Sup. Ct.).

If it agrees to take on the case, the Wisconsin Supreme Court will determine whether the appeals court erred when it ruled that a jury could decide whether plaintiff and former foundry worker Ollie Cocroft exercised due diligence in his pursuit of the respirator …