Rehearing Sought on Reversal of Silica Defendants' Award of Summary Judgment

TEXARKANA, Texas - Defendants in a Texas silica are arguing that a recent decision reversing a trial court's favorable award of summary judgment was issued in error because it relied heavily on a so-called sham affidavit, which indicated that the plaintiff was never told he had silicosis until less then two years before he filed suit. Youngblood v. Falcon Building Products, et al., No. 06-03-00020-CV (Texas App. Ct., Sixth Dist.).

In a motion for rehearing filed Jan. 20, the defendants allege that the court improperly disregarded their argument that the affidavit should not have been considered because it was filed …