Defendant Petitions State Supreme Court Over Late Service of Silica Complaint

JACKSON, Miss. - A defendant named in a silica suit brought by nearly 3,000 plaintiffs has petitioned the Mississippi Supreme Court for permission to appeal an order denying their motion to dismiss based on the plaintiffs' failure to serve their complaint within 120 days. Bacou-Dalloz Safety Inc. v. Hall, et al., No. 2002-290-CV9 (Miss. Sup. Ct.).

In a petition filed June 6, Bacou-Dalloz Safety Inc. asks the state high court to overturn Jones County District Court Judge Billy Joe Landrum's March 30 decision denying its motion to dismiss for failure of service.

Bacou-Dalloz maintains that Judge Landrum erred when he …