Defendants Petition High Court to Reinstate Summary Judgment Decision in Silica Case

AUSTIN, Texas - An appeals court erred in ruling that the limitations period for a silica claim begins to run when the plaintiff received a definitive diagnosis indicating that his injury was work-related, three defendants argue in a petition filed recently in Texas Supreme Court. U.S. Silica Company, et al. v. Youngblood, No. 04-0428 (Texas Sup. Ct.).

In seeking review of a recent Sixth District Court of Appeals decision, defendants Unimin Corporation, Feldspar Corporation and U.S. Silica Company, argue in their May 5 petition that the appeals court created a new standard for latent occupational injury cases when it determined …