Silica Appeal to Determine Viability of Intermediary Defense

AUSTIN, Texas - Briefs have been filed in the appeal of a $2 million verdict awarded to a former sandblaster who suffered from silicosis allegedly caused by exposure to a product that did not contain adequate warnings. Humble Sand & Gravel, Inc. v. Raymond Gomez, et al., No. 01-0652 (Tex. Sup. Ct.)

The Texas Supreme Court will hear argument in the case on Oct. 16, nearly a year after the Sixth District Court of Appeals rejected claims by the Humble Sand & Gravel Corp. that the intermediary and sophisticated/bulk user defenses should have been applied to the products liability claims …