Defendant Awarded Summary Judgment on Failure to Warn, Causation

CLEVELAND - A silica defendant has been awarded summary judgment in a handful of Ohio cases after arguing that it properly warned sandblasters of dangers associated with its product, as evidenced by the plaintiffs' consistent use of respiratory protection. Kirkpatrick, et al. v. Best Sand Corp., et al., No. CV02-479018 (Ohio Comm. Pls., Cuyahoga Cty.).

The Cuyahoga County Court of Common Please granted U.S. Silica's summary judgment motion in an Oct. 28 order, which was issued without additional comment.

According to the motion for summary judgment, U.S. Silica's predecessor Ottawa Silica supplied sand to the employers of four plaintiffs who …