Court Reverses Summary Judgment, Cites Fact Issues Related to Sandblaster's Diagnosis

HOUSTON - A Texas appeals court has reversed an award of summary judgment to two defendants in a silica case, finding that there are issues of fact related to the details surrounding the plaintiff's diagnosis. Dixon v. E.D. Bullard Company, et al., No. 14-02-00638-CV (Texas App. Ct., Fourteenth Dist.).

In an opinion issued Feb. 19, the Fourteenth District Court of Appeals held that although the plaintiff testified during deposition that he was diagnosed with pneumonia related to his silicosis more than two years before filing his complaint, there remained issues of fact as to whether he knew his illness was …