Defendants Urge High Court to Reject Silica Appeal

JACKSON, Miss. - Calling it untimely, defendants have moved to dismiss an appeal of a recent order in a silica case where a state court judge awarded summary judgment to companies that included warnings on their products during the time the plaintiff was allegedly exposed to silica. Toncrey v. Pulmosan Safety Equipment, et al., No. 2006-TS-369 (Miss. Sup. Ct.).

In a March 8 motion to dismiss the appeal, defendants Empire Abrasive Equipment Corp. and Pulmosan Safety Equipment Corp. claim plaintiff Noel Toncrey waited too long under Mississippi's appellate rules to file an interlocutory appeal of the order, which wasn't final …