Plaintiffs' W.Va. Connection Not Substantial Enough to Keep Case in State, Judge Rules

CHARLESTON, W.Va. - A West Virginia state court judge has dismissed a former sandblaster's silicosis claim after determining that the plaintiff failed to demonstrate that all, or a substantial part, of the acts that gave rise to his claims occurred in the state. Evans v. Best Sand Corp., et al., No. 04-C-330 (W.Va. Cir. Ct., Kanawha Cty.).

In a Jan. 21 ruling, Kanawha County Circuit Court Judge Louis H. Bloom held that because only two of plaintiff Thomas Evans' 40 years of alleged silica exposure occurred while he was working in West Virginia, his claims do not withstand the state's …