Defendants: Savings Statute Doesn't Apply to Silica Plaintiff's Widow

BAY ST. LOUIS, Miss. - A savings statute that permitted a silica plaintiff to re-file his claim within one year after it was dismissed for improper venue cannot be applied to a wrongful death claim asserted by the plaintiff's widow, defendants argue in an effort to dismiss a Mississippi silica claim. Smith v. Pulmosan Safety Equipment, et al., No. 06-0359 (Miss. Cir. Ct., Hancock Cty.).

In a motion for summary judgment filed April 24 in Hancock County (Miss.) Circuit Court, five defendants named in the suit contend that the savings statute which tolled the statute of limitations on Bernard Smith's …