Sand Suppliers Move for Summary Judgment on Sophisticated User, Lack of Definitive Diagnosis

WABASHA, Minn. - Several sand suppliers named as defendants in a Minnesota silica case have moved for summary judgment based on the sophisticated user doctrine and allegations that the plaintiffs have never been diagnosed with silicosis. Blattner, et al. v. AIMCOR, et al., No. C6-02-148 (Minn. Dist. Ct., Wabasha Cty.).

In a motion filed June 8, the defendants maintain that all of the plaintiffs who brought the suit participated in an attorney-sponsored X-ray screening and, without exception, were given reports that fell short of a differential diagnosis for any silica-related disease.

"Without a diagnosis, no Plaintiff can establish the essential …