Defendant Cites Medical Report As Reason to Dismiss Laborer's Silica Suit

HOUSTON - A defendant named in a suit filed recently in the Texas silica MDL has moved to dismiss the complaint, claiming that the plaintiff failed to produce a qualifying medical report as required under Texas law. Young v. Temco Inc., et al., No. 2008-18353 (Texas Dist. Ct., Harris Cty.).

Kelco Sales & Engineering Co. moved Sept. 5 to dismiss the claims of James Young, a former laborer who sued the company and dozens of others in March alleging that he developed silicosis while working around abrasive blast cleaning operations.

According to the motion, Young had 30 days from …