Plaintiff Says Asbestos Injury, Settlement Doesn't Preclude Silica Claim

JACKSON, Miss. - A silica plaintiff who previously settled asbestos-related claims has challenged a defense motion for summary judgment, arguing that his silica-related claims are not barred by the doctrine of judicial estoppel because his injuries are separate and distinct from those that led to his prior asbestos claim. Trotter v. Pulmosan Safety Equipment, et al., No. 06-619 (S.D. Miss.).

Leroy Trotter maintains in a response brief filed Oct. 20 in U.S. District Court for the Southern District of Mississippi that his more recent silica claim is not subject to either the election of remedies or judicial estoppel, as the …