Parties Seek Appeal of Product Line, Inherent Characteristic Issues in Mississippi

JACKSON, Miss. - Parties on both sides of a Mississippi silica case have filed motions in state Supreme Court seeking permission to appeal recent trial court rulings related to the inherent characteristic rule and product line theory of liability. Bender, et al. v. Pulmosan Safety Equipment, et al., No. 12-0132 (Miss. Cir. Ct., Jasper Cty.).

According to court records, the appeals were filed earlier this month after Jasper County Circuit Court Judge Rober G. Evans issued a March 18 decision denying defendant Dependable Abrasives' motion to dismiss the case under the inherent characteristic rule and the plaintiff's motion for partial …