Lack of Exposure Details Dooms Silica Complaint, Court Holds

OKLAHOMA CITY - A silica complaint is defective and can face dismissal with prejudice if the plaintiffs repeatedly fail in amended pleadings to provide the time an alleged silica-related injury occurred or when the injury was discovered by the claimant, a state appeals court has held. Sides, et al. v. Mohawk Materials Company Inc., No. 103,935 (Okla. Ct. App.).

In an Aug. 17 decision affirming dismissal of what once was a 70-plaintiff silica case, the Oklahoma Civil Court of Appeals ruled that after two attempts to cure deficiencies in the operative pleading, and the reduction of the number of plaintiffs …