Minn. Sup. Ct. Reverses Sophisticated User Ruling in Silica Case

ST. PAUL, Minn. -The Minnesota Supreme Court has reversed an appeals court decision that applied the sophisticated user defense to preclude a foundry worker's failure to warn claims in a silicosis case. Gray v. Badger Mining Corp., No. C4-02-2052 (Minn. Sup. Ct.).

In a decision released March 18, the state's high court said that there are genuine issues of material fact with respect to the sophistication of plaintiff Lawrence Gray and the Smith Foundry where he worked, and the adequacy of the sand supplier Badger Mining's silica-related warnings and instructions.

'There are genuine issues of material fact as to …