State Supreme Court Grants Review of Sophisticated User Ruling

ST. PAUL, Minn. - The Minnesota Supreme Court has granted review of a recent appeals court decision that plaintiffs in the underlying silica lawsuit argue changed the entire landscape of third-party liability for occupational injuries such as silicosis. Gray v. Badger Mining Corp., No. C4-02-2052 (Minn. Sup. Ct.).

On Sept. 24, the high court granted review of Plaintiff Lawrence Gray's appeal of the decision, which allowed defendant Badger Mining to utilize the sophisticated user doctrine in defense of allegations that the company failed to warn Gray of the silicosis risks associated with the use of the sand product Badger supplied …