Ohio Residents' Silica Complaint Dismissed by West Virginia Judge

MOUNDSVILLE, W.Va. - A West Virginia judge has dismissed a lawsuit filed by an Ohio couple alleging injury caused by silica, finding that the plaintiffs failed to show that any element of the case arose in the state. Vassilakis v. Best Sand Corp., et al., No. 04-C-32M (W.Va. Cir. Ct., Marshall Cty.).

Judge John T. Madden of the Marshall County Circuit Court dismissed the complaint in June, after defendants argued that the plaintiffs were precluded under the venue statute from bringing the case in West Virginia.

According to the order dismissing the case, plaintiff Matthew Vassilakis and his wife, Freda, …