Judge Says Sophisticated User Doctrine Bars New York Silica Claims

BUFFALO, N.Y. - A state court judge has dismissed the claims of two silica plaintiffs in New York, determining that the sophisticated user doctrine precludes any recovery for negligence based on a defendants' alleged failure to warn of silica-related hazards. Rickicki, et al. v. Borden Chemical, et al., No. 53395 (N.Y. Sup. Ct., Cattaraugus Cty.).

Judge Patrick H. NeMoyer of the Cattaraugus County Supreme Court ruled Jan. 11 that it is 'clearly New York's policy' to impose a duty on employers, rather than manufacturers of silica-containing products, to instruct employees of the dangers of silica dust and other airborne hazards. …