Conflicting Test Results Create Fact Issue in Calif. Silica Case, Appeals Court Says

LOS ANGELES - A California appeals court has reversed an award of summary judgment to two defendants in a silica case, ruling that there remains an issue of fact as to whether the plaintiff is suffering from a silica-related illness. Lopez v. S.L. Fusco, Inc., et al., No. B165883 (Calif. App. Ct., 2nd Dist.).

The California Second District Court of Appeal ruled May 18 that a plaintiff's pulmonary function test, which revealed findings consistent with silica-related restrictive lung disease, was enough to counter testimony submitted on summary judgment by a defense expert, who claimed the PFT was "technically lacking" and …