Wisconsin Appeals Court Upholds Sophisticated User Defense in Silica Case

MADISON, Wis. - The Wisconsin Court of Appeals has ruled that the sophisticated user defense is available for state law claims alleging injuries caused by exposure to silica. Haase v. Badger Mining Corp., No. 99-CV-1029 (Wis. Ct. App., Dist. 2).

In a decision released Aug. 6, the Court of Appeals affirmed a trial court's decision to dismiss plaintiff Laverne Haase's negligence and strict liability claims against sand supplier Badger Mining Corp. Badger supplied sand to Neenah Foundry, the location where Haase alleged that he was exposed to silica for several years in the 1990s.

The appeals court held that …