Plaintiffs Appeal Order Precluding Non-Pecuniary Damage Claim in Silica Case

NEW ORLEANS - The surviving family of a sandblaster who developed silicosis after working on board ships off the Louisiana coastline said they will ask the Fifth Circuit U.S. Court of Appeals to reverse a federal judge's ruling that prevented them from seeking damages for the decedent's pain and suffering. Scarborough, et al. v. Clemco Industries, et al., No. 03-0087 (E.D. La.).

In a Notice of Appeal filed Oct. 8 in the U.S. District Court for the Eastern District of Louisiana, representatives for the estate of William Scarborough said they will appeal Judge Helen B. Berrigan's May 16 decision precluding …