Miss. High Court Overturns $2 Million Silica Judgment for Flawed Jury Instruction

JACKSON, Miss. — The Mississippi Supreme Court has reversed a nearly $2 million judgment against Mississippi Valley Silica Co. after concluding that the trial judge committed reversible error in rejecting, rather than reforming a flawed jury instruction on defendant’s sophisticated-user defense. Mississippi Valley Silica Co. v. Eastman, No. 2010-CA-00924-SCT (Miss. Sup. Ct.).

Five high court justices concurred in the July 19 majority opinion, while a sixth concurred with the result only. Three justices dissented.

Mississippi Valley appealed a $1.96 million judgment that followed a $7.6 million verdict reached in November 2009 by jurors who found the sand supplier 60 percent …