W.Va. Judge Grants Motion to Dismiss N.C. Silica Claim; Others Dismissed Voluntarily

CHARLESTON, W.Va. - A state court judge has dismissed a silica case filed by two North Carolina residents after defendants argued that the case was improperly venued in West Virginia. Simpson v. U.S. Silica Company, et al., No. 04-C-2343 (W.Va. Cir. Ct., Kanawha Cty.).

According to sources, Judge Irene C. Berger of the Kanawha Circuit Court dismissed the case on Dec. 10, after finding that plaintiffs John and Freda Simpson never worked or resided in West Virginia.

The Simpsons, who listed their residence as Marshville, Union County, W.Va., sued several defendants earlier this year alleging that John Simpson developed …