Voluntarily Dismissed Silica Claim Can't Be Saved by Statute

VICKSBURG, Miss. - A plaintiff who voluntarily dismissed his silica claim and failed to re-file within three years of learning that his injury was silica-related cannot take advantage of the state's savings statute, which would have tolled his claim from the time of dismissal, a state court judge has held. Norton v. Pangborn Corp., et al., No. 07,0098-CI (Miss. Cir. Ct., Warren Cty.).

Warren County Circuit Court Judge Frank Vollor granted a defense motion July 20 to dismiss with prejudice the claims of G. Henry Norton, who initially filed a silica-related lawsuit in 2002 in Jefferson County.

His case was …