Sand Co. Asks Court to Determine if Negligence Claim Requires Defect

JACKSON, Miss. - A defendant that was awarded summary judgment on all but a sandblaster's negligence claim has asked the Mississippi Supreme Court to determine whether a plaintiff must prove product defect in order to establish negligence in a product liability case. Clark Sand Company Inc. v. Morgan, No. 2007-M-297-SCT (Miss. Sup. Ct.).

Clark Sand Co. filed a petition for interlocutory appeal on Feb. 21 in the state's highest court, saying that resolving the question of whether product defect must precede a negligence finding will affect hundreds, if not thousands, of product liability claims pending in Mississippi.

Plaintiff Allie Morgan …