Court Validates CMO Language That Gives Priority to Impaired Silicosis Claims

CLEVELAND - A state trial court where more than 500 silica personal injury complaints are pending has refused to alter language in a case management order that would prioritize trial settings based on the plaintiffs' impairment status. In re: Cuyahoga County Silicosis Cases, Special Docket No. 73958 (Ohio Comm. Pls., Cuyahoga Cty.).

According to sources, the judges overseeing the Cuyahoga County Court of Common Pleas silica docket said Aug. 5 that the 'functionally impaired' language contained in the court's May 2002 CMO will remain intact, limiting initial trial groups to claims filed by those who can show a functional impairment …