Miss. High Court Dismisses Appeal of Duty to Warn Ruling

JACKSON, Miss. - Mississippi's highest court has dismissed a petition to appeal an award of summary judgment to defendants that the trial court said could not be held liable for the plaintiffs' alleged silica-related injuries because they included warnings on their products during the time his alleged exposures occurred. Toncrey v. Pulmosan Safety Equipment, et al., No. 2006-TS-369 (Miss. Sup. Ct.).

In an order filed March 30, the Mississippi Supreme Court panel granted a motion to dismiss filed by defendants that had previously argued that the appeal was premature because claims against several defendants not awarded summary judgment remain pending. …