Plaintiff Says Sophisticated User Defense Fails Under Miss. Law

LAUREL, Miss. - A plaintiff asserting wrongful death claims has responded to a defense motion for summary judgment that is based on the sophisticated user doctrine, arguing that the defense isn't available to defendants in Mississippi silica cases. Jones v. Pulmosan Safety Equipment Co., et al., No. CI-2004-064-SI (Miss. Cir. Ct., Jackson Cty.).

Dorothy Jones, who filed the silica lawsuit in Jackson County (Miss.) Circuit Court on behalf of her husband, Leslie, argues in the April 7 brief that Mississippi law doesn't recognize the sophisticated user doctrine in the context asserted by defendants Clark Sand Co. and Clemco Industries.