Judge Says Out-of-State Plaintiff Can File Suit Despite Brief Exposure

ABERDEEN, Miss. - A silica plaintiff's brief exposure to silica dust in a state where he does not reside may not be so de minimus so as to prevent him from filing a lawsuit there, a Mississippi trial judge has ruled. Riggle v. Pulmosan Safety Equipment Co., et al., No. CV-05-230 (Miss. Cir. Ct., Monroe Cty.).

Monroe County Circuit Court Judge Paul S. Funderburk ruled May 15 that although defendants had argued that just .002 percent of the plaintiff's alleged silica exposure occurred in Mississippi, the state may still retain jurisdiction over the case.

Judge Funderburk commented that once …