Defendants: No Life for Death Case Based on Untimely Silica Claim

JACKSON, Miss. - A cause of action for wrongful death in a silica suit cannot be revived if the underlying injury claims accrued some 30 years before they were filed and were themselves barred by the statute of limitations, a defendant is arguing in a state appeals court. May v. Bacou-Dalloz Safety, Inc., et al., No. 2005-CA-01750 (Miss. Ct. App.).

In a reply brief filed March 31 in the Mississippi Court of Appeals, defendants Empire Abrasive Equipment Corp. and Louis M. Gerson Co., Inc. contend that allowing plaintiff Helen May to proceed with the wrongful death claim she filed on …