Judge Rejects Sophisticated User Argument in Foundry Case

WAPAKONETA, Ohio - A foundry that was repeatedly fined by OSHA and reportedly hosted golf outings for federal health inspectors could not have been relied upon by defendants to warn workers that silica-related products used at its facility could pose dangers to their health, a state court judge has ruled. Glass, et al. v. 3M Co., et al., No. 2004-CV-175 (Ohio Comm. Pls., Auglaize Cty.).

In a Sept. 8 opinion, Judge Frederick D. Pepple of the Auglaize County Common Pleas Court noted the safety record of St. Mary's Foundry as the distinguishing factor in his decision to preclude defendants from …