Court Rejects Defense Effort to Appeal Product Defect-Negligence Ruling

JACKSON, Miss. - The Mississippi Supreme Court has denied a petition for interlocutory appeal filed by a silica defendant that had asked the high 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.).

The decision was issued March 23, denying defendant Clark Sand Company Inc.'s petition for leave to appeal a Jackson County Circuit Court decision that awarded summary judgment to the defendants on all claims asserted by plaintiff Allie Morgan, except the negligence cause of action brought …