Foundry Workers to Appeal Sophisticated User Ruling

CLEVELAND - Three former foundry workers have filed a notice in state appeals court indicating their intent to challenge a recent award of summary judgment to defendants based on the sophisticated user doctrine. Purdy, et al. v. Air Liquide America, et al., Case Nos. 03-506483, 03-506484, 03-506486 (Ohio Ct. App., Eighth Dist. Cuyahoga Cty.).

The plaintiffs filed a Notice of Appeal on April 27, the same day final judgment was entered in their cases on behalf of U.S. Silica Co., which successfully argued that it had no duty to warn the Unicast Foundry workers of dangers associated with the inhalation …