Sand Co. that Warned of Silica Hazard Awarded Judgment on Duty Issue

PASCAGOULA, Miss. - A sand company that placed silicosis-related warnings on its bags from the time it manufactured the product in 1972 cannot be held liable for failure to warn if there exists no evidence the plaintiff ever read the warning, a Mississippi state court judge has ruled. Morgan v. Pulmosan Safety Equipment, et al., No. CI-2005-001-SI (Miss. Cir. Ct., Jackson Cty.).

In a Jan. 16 order, Jackson County Circuit Court Judge Robert P. Krebs awarded partial summary judgment to Clark Sand Co. on plaintiff Henry Morgan's warning claim. Morgan, who is now deceased, sued Clark Sand and several other …