Silica Wrongful Death Plaintiff Says High Court Decision Inapplicable

JACKSON, Miss. - A plaintiff appealing a trial court's decision dismissing her wrongful death silica claim as untimely has filed a brief in the state Court of Appeals, arguing that a recent high court decision in a nursing home action has no bearing on the outcome of the instant case. May v. Bacou-Dalloz Safety, Inc., et al., No. 2005-CA-01750 (Miss. Ct. App.).

Plaintiff Helen May filed the reply brief May 22, claiming that because the nursing home case dealt with claims for abuse - and not for death caused by latent injury - it is not applicable to her claim. …