Miss. Judge: Presence of Warnings Enough to Warrant Summary Judgment

GULFPORT, Miss. - Defendants whose silica-related products contained warnings during the time a plaintiff alleges he was exposed to them are entitled to summary judgment on the plaintiff's failure to warn claims, a Mississippi state court judge has held. Toncrey v. Pulmosan Safety Equipment, et al., No. A2402-2004-82 (Miss. Cir. Ct., Harrison Cty.).

In an order issued Feb. 1, Harrison County Circuit Court Judge Kosta N. Vlahos adopted the recommendations of Special Master X.M. Frascogna, who previously ruled that plaintiffs cannot contend that their alleged silica-related injuries were caused by inadequate warnings which were affixed to the defendants' products, but …