Tompkins Plaintiffs: 'Excluded' CT Report Was Never Entered Into Evidence

AUSTIN, Texas - Assertions that a landmark $7.5 million verdict should be reversed on grounds that a trial judge erroneously excluded evidence illustrating the extent of a plaintiff's silica-related injury are based themselves on mischaracterization by the defendant, plaintiffs contend in a recent response to a petition to review a decision affirming the verdict. U.S. Silica Company v. Estate of Donald Tompkins, No. 03-0195 (Texas Sup. Ct.).

In a response filed in Texas Supreme Court, the plaintiffs contend that defendant U.S. Silica's chief contention in its petition to review the appellate decision neglects to mention that the allegedly excluded evidence …