Miss. Defendants Move for Summary Judgment, Cite Sophisticated User

PORT GIBSON, Miss. - Several defendants in a Mississippi silica case set for trial in early September have moved for summary judgment arguing that the plaintiff's employer was a sophisticated user of the sand product that allegedly caused his death. Tinner, et al. v. Pulmosan Safety Equipment, et al., No. 2002-87 (Miss. Cir. Ct., Claiborne Cty.).

In a motion for summary judgment filed Aug. 20 in Claiborne County Circuit Court, the defendant sand suppliers argue that under the sophisticated user doctrine, they should not be held liable for failing to warn plaintiff LeRoy Tinner about the risks associated with their …