Plaintiffs to Appeal Orders Dismissing Tunneling Defendants

SAN FRANCISCO - Plaintiffs will appeal recent decisions dismissing several 'tunneling defendants' from a California silica complaint that accused five separate groups of defendants of causing the plaintiff's lung injury. Dye, et al. v. Caterpillar Equipment Inc., et al., No. 436109 (Calif. Super. Ct., San Francisco Cty.).

In a notice of appeal filed Nov. 3 in San Francisco Superior Court, attorneys for plaintiff Donald Dye said they will challenge Judge Peter J. Busch's rulings on the defendants' demurrers in the First District Court of Appeal.

Busch sustained the demurrers of Sandvik Mining, Atlas Copco North America Inc. and The Robbins …