Silica Defendants Challenge Ruling on Statute of Limitations

JACKSON, Miss. - Defendants have appealed a recent decision that allowed a silica plaintiff to pursue a claim that the appellants argue was filed more than three years after doctors repeatedly informed the plaintiff that he was suffering from work-related silicosis. Unimin Corp. v. Riggle, No. 2006-M-01806-SCT (Miss. Sup. Ct.).

Three defendants - Unimin Corp., Empire Abrasives Equipment Corp. and Mine Safety Appliances Co. - filed the petitions for interlocutory appeal Oct. 21 in Mississippi Supreme Court. Each argues that plaintiff Dennis Riggle's suit is time-barred because Riggle's medical records are 'replete' with notations indicating that Riggle suffered from silicosis …