Defendants Challenge Ruling to Permit Suit by Sandblaster's Girlfriend

JACKSON, Miss. - Defendants in a Mississippi silica suit have filed a petition to appeal a recent ruling that allowed a deceased sandblaster's former girlfriend to file a wrongful death complaint on his behalf. Pangborn Corp., et al. v. Kelley, No. 2008-M-01437-SCT (Miss. Sup.).

The defendants filed the petition Aug. 22 in Mississippi Supreme Court, asking the high court for expedited review of a Warren County Circuit Court order denying a motion for summary judgment in which they sought dismissal of the complaint on statute of limitations grounds.

In addition to presenting the question of whether Mississippi's wrongful death and …