Court Dismisses Appeal of Decision Barring Silica Claim in Wake of Asbestos Release

GALVESTON, Texas - A plaintiff whose silica claim against 3M Company was barred by a settlement release he previously signed in an asbestos case cannot appeal the decision without first obtaining severance of the defendant from the trial court case, a Texas Appeals court has held. Browning v. Air Liquide American Corp., et al., No. 14-04-00523-CV (Texas Ct. App., 14th Dist.).

In granting a motion to dismiss plaintiff Harvey Browning's appeal of the Galveston County District Court's award of summary judgment to 3M, the Fourteenth District Court of Appeals said Sept. 9 that absent 3M's severance from the case, there …