Air Compressor Maker Challenges Special Master's Inconsistent Summary Judgment Report

LEAKESVILLE, Miss. - An air compressor manufacturer is challenging a recommendation made by a special master in a silica case to deny the company's motion for summary judgment on claims that it had a duty to warn sandblasters of silicosis hazards associated with using its product. Ham v. Clark Sand Company, et al., No. 2004-07-086(2) (Miss. Cir. Ct., Greene Cty.).

Ingersoll-Rand filed the objection in Sept. 23 after Special Master X.M. Frascogna Jr. recommended that the company's motion for summary judgment on plaintiff Walter Ham's negligence claims be denied because it was reasonably foreseeable that Ham would have used the …