Lack of Precedent, Conflicts in Other Jurisdictions Should Preclude Judgment on Sophisticated User, Special Master Rules

PORT GIBSON, Miss. - The sophisticated user defense should not be applied to a silica case in Mississippi, either based on that state's Supreme Court case law or any recent decisions issued outside the jurisdiction, a special master overseeing a recently settled silica case has ruled. Tinner, et al. v. Pulmosan Safety Equipment, et al., No. 2002-87 (Miss. Cir. Ct., Claiborne Cty.).

Recommending denial of a summary judgment for several defendants named in the underlying wrongful death silicosis case, Special Master X.M. Frascogna ruled that the precedent cited in support of arguments by both parties provides insufficient grounds for a …