Plaintiff Files Petition to Review Minnesota Sophisticated User Decision

ST. PAUL, Minn. - Plaintiffs have filed a petition to review a recent Minnesota Appeals Court decision that cleared a sand supplier of liability for its alleged failure to warn a former foundry worker that use of the company's product could cause disease. Gray v. Badger Mining Corp., No. C4-02-2052 (Minn. Sup. Ct.).

In his Aug. 11 petition, Plaintiff Lawrence Gray argues that the appellate court's application of the learned intermediary or sophisticated user doctrine to bar his claim against Badger Mining, the supplier of a product that allegedly caused him to develop silicosis, appears to entirely eliminate third-party liability …