High Court Rejects Effort to Resurrect Amended Silica Suit

OKLAHOMA CITY - A divided state Supreme Court will not hear the appeal of a decision dismissing a silica case with prejudice because the plaintiffs failed to adequately amend their complaint to include specific details about their alleged exposures. Sides v. Mohawk Materials Co. Inc., No. SD-103935 (Okla. Sup. Ct.).

The Oklahoma Supreme Court denied the plaintiffs' petition for writ of certiorari on Jan. 22, ruling 5-4 that the Civil Court of Appeals correctly upheld the trial court's decision to throw the case out for failure to comply with state law pleading rules.

The dissenting justices Supreme Court said that …