Silica Case Can Proceed Despite Plaintiff's Prior Asbestos, Solvent Suit

HOUSTON - A state court judge has declined to revisit a decision that permitted a silica claimant to proceed with his case despite the plaintiff's alleged failure to reveal in his medical report that he previously filed two related claims for exposure to asbestos and industrial solvents. Terry v. Minnesota Mining & Manufacturing Co., et al., No. 2003-36274 (Texas Dist. Ct., Harris Cty.).

Following a hearing Dec. 11, Judge Tracy Christopher of the Harris County District Court upheld her May 8 decision which deemed the medical report of plaintiff Sammy Terry compliant with the state's recently enacted medical criteria laws …