Court Consolidates Silica Plaintiff's Appeals of Duty to Warn Findings

SAN FRANCISCO - A state appellate court has consolidated the appeals of two trial court decisions dismissing several groups of defendants from a silica case where the court held that there existed no duty on the defendants' part to warn the plaintiff of silica-related hazards. Dye v. Caterpillar Inc, et al., No. A114948; Dye v. EIMCO/Trident AKA Sandvik Mining, et al., No. A116022 (Calif. Ct. App., First Dist.).

The appeals were consolidated Jan. 24 by California's First Appellate District Court of Appeal and gave plaintiff Donald Dye 60 days to file a joint appellants' brief explaining why he believes the …