Defendants Move to Dismiss W.Va. Silica Case Already Filed in Ohio

CHARLESTON, W.Va. - Defendants in a West Virginia silica case filed by plaintiffs who have sued under similar circumstances in Ohio have moved to dismiss the complaint on grounds that the claims are barred by the statute of limitations and are improperly venued. Allen v. Best Sand Corporation, et al., No. 04-C-329 (W.Va. Cir. Ct., Kanawha Cty.).

In a motion filed March 25 in Kanawha County Circuit Court, defendants Kelco Sales & Engineering Company, Mine Safety Appliances and Airgas Safety, Inc., contend that the the plaintiff was diagnosed with silicosis more than two years before the complaint was filed and …