Respirator Defendant Claims Plaintiff's Testimony Failed to Indicate Use of Product

HAMILTON, Ohio - A respiratory defendant named in an Ohio silicosis case has moved for summary judgment on grounds that nowhere in the testimony provided so far has the plaintiff been able to demonstrate he ever used the company's product. Mello v. Nurre Building Materials Company, Inc., et al., No. CV 2001-08-2007 (Ohio Comm. Pls., Butler Cty.).

In a motion filed June 26 in the Butler County Court of Common Pleas, Mine Safety Appliances contends that with depositions now complete, former sandblaster Eugene Mello and his co-worker witnesses have failed to link Mello's silicosis with any of its products. As …