Court Reverses Sophisticated User Ruling in Silicosis Case

MINNEAPOLIS - A state appellate panel has reversed a trial court decision that denied summary judgment to a bulk sand supplier after the defendant claimed it had no obligation under the sophisticated user doctrine to warn of potential silicosis hazards associated with its product. Gray v. Badger Mining Corp., No. C4-02-2052 (Minn. Ct. App.).

In a decision released July 15, the Minnesota Court of Appeals determined in an issue of first impression that the district court erred when it denied Badger Mining Corp.'s motion for summary judgment based on the sophisticated user defense.

Badger Mining had twice been denied summary …