Judge Dismisses Silica Products Liability, Negligence Claims Against Railroad

ST. LOUIS - A federal judge in Missouri has granted a motion to dismiss negligence and strict liability claims asserted against a railroad company that transported silica products alleged to have caused several plaintiffs' silica-related diseases. Covey, et al. v. Union Pacific Railroad Co., et al., No. 03-1686 (E.D. Mo.).

In a Memorandum Opinion issued Sept. 8, Judge Rodney W. Sippel of the U.S. District Court for the Eastern District of Missouri held that Missouri law does not recognize products liability claims against common carriers who merely transported a product that allegedly cause harm. Judge Sippel also dismissed the negligence …