'Non-existent' Plaintiff Can't Pursue Wrongful Death Silica Claim

VICKSBURG, Miss. - For the second time in six months, a silica lawsuit has been dismissed for the plaintiffs' failure to designate an existing wrongful death beneficiary in place of an individual who died from alleged silica-related injuries. Firsthley v. Pangborn Corp., et al., No. 07,0127-CI (Miss. Cir. Ct., Warren Cty.).

Warren County Circuit Court Judge Frank Vollor signed an order Nov. 19 dismissing the wrongful death silica claim filed on behalf of Macarthur Firsthley.

Firsthley's wrongful death silica suit was filed on behalf of unnamed beneficiaries in what the defendants said was a violation of Mississippi's Rules of …