Plaintiffs Seek Change in Order Dismissing Silica Case with Prejudice

OKMULGEE, Okla. - Plaintiffs in a state court silica suit are seeking reconsideration of a judge's recent decision to dismiss their claims with prejudice for failure to provide defendants with fair notice of the specific claims against them. Sides, et al. v. Mohawk Materials Company, Inc., et al., No. 2004-502 (Okla. Dist. Ct., Okmulgee Cty.).

In an April 20 motion filed in the Okmulgee County District Court, plaintiffs contend that the applicable state law cited by Judge Charles M. Humphrey III in his April 1 decision dismissing the case with prejudice requires that the claims instead be dismissed without prejudice.