Judge Denies Silica Defendant's 'Inherent Characteristic' Motion to Dismiss

LUCEDALE, Miss. - A state court judge in Mississippi has denied a defendant's motion to dismiss a silica case on grounds that the Inherent Characteristic Rule does not preclude several plaintiffs' failure to warn and design defects claims. Allen v. Clark Sand Co., et al., No. 2002-303 (Miss. Cir. Ct., George Cty.).

In an order entered recently, George County Circuit Court judge Dale Harkey refused to apply the rule to dismiss claims against Dependable Abrasives Inc. after determining that it is not beyond dispute that the knowledge of dangers associated with sandblasting is commonly known in the community.

'The substantial …