Silica Defendant May Depose Terminally Ill Plaintiff for 2nd Time

SAN FRANCISCO - A terminally ill silica plaintiff who was deposed for four days last year can be deposed again despite claims by the plaintiff that defendants are seeking testimony they could have uncovered during the prior deposition, a California judge has ruled. Dye v. Caterpillar Inc., et al., No. 436109 (Calif. Super. Ct., San Francisco Cty.).

Judge Everett Hewlett Jr. of the San Francisco Superior Court said July 20 that defendant Moldex-Metric should not be precluded from noticing the second deposition of plaintiff Donald Dye, but that Dye shouldn't be sanctioned for filing a protective order to prevent the …