Silica Defendants Move to Dismiss Claim of 'Classic Double-Dipper'

JACKSON, Miss. - Defendants have asked a federal judge to throw out a former shipyard worker's silica claim, arguing the plaintiff previously filed a lawsuit alleging that the same lung injury was caused by asbestos exposure. Trotter v. Pulmosan Safety Equipment, et al., No. 06-619 (S.D. Miss.).

The motion, filed Sept. 28 in U.S. District Court for the Southern District of Mississippi, contends that the election of remedies and judicial estoppel bars plaintiff Leroy Trotter Jr. from arguing that his lung injury was caused by silica when prior sworn testimony indicated otherwise.

'Mr. Trotter is the classic 'double-dipper' who …