Sophisticated User Defense Recognized Again in Ohio Foundry Case
November 5, 2007
DOCUMENTS
- Decision
CLEVELAND - U.S. Silica was awarded summary judgment in a case brought by workers exposed to silica at two foundries that were previously found by Ohio courts to have been sophisticated users of the company's sand product. Huddleston, et al. v. Air Liquide America Corp., et al., No. 506488 (Ohio Comm. Pls., Cuyahoga Cty.).
The Oct. 30 decision from the Cuyahoga County Court of Common Pleas noted two prior decisions absolving U.S. Silica of its duty to warn employees at Buckeye Steele and Unicast foundries of risks associated with inhaling silica dust. However, the court added that the precedent didn't …
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