Plaintiff Appeals Decision Awarding Summary Judgment to Sand Defendants

CHICAGO - Plaintiffs in an Illinois silica suit argue in an appellate brief filed recently that a trial court judge erred when she ignored compelling authority on the application of the discovery rule to occupational exposure claims and awarded summary judgment to defendants in the case. Personette v. TEC Specialty Products, Inc., et al., No. 04-3272 (Ill. Ct. App., 1st Dist.).

In a brief filed last month in the First Judicial District Appellate Court, Plaintiff Leland Personette argues that by granting the defendants' motion, Cook County Circuit Court Judge Lynn M. Egan turned the discovery rule upside down. Personette contends …