Sand Suppliers Move for Summary Judgment in Foundry Case

WABASHA, Minn. - Sand suppliers named in a Minnesota silica case have moved for summary judgment, arguing that a foundry worker's employer was a sophisticated user of the sand which allegedly caused the worker to develop silicosis. Heitman v. Acme Resin Company, et al., No. C5-03-667 (Minn. Dist. Ct., Wabasha Cty.).

In a motion filed Nov. 17 in Wabasha County District Court, the sand suppliers argue that the circumstances surrounding plaintiff Perry Heitman's alleged silica exposure are analogous to cases where courts have dismissed sand supplier defendants based on the sophisticated user doctrine.

'Many jurisdictions have applied the sophisticated intermediary …