Judge Says Plaintiff Can't Proceed Without Compliant Medical Report

HOUSTON - A state court judge has thrown out silica claims filed on behalf of a plaintiff who failed to produce qualifying medical evidence that he suffers from a silica-related injury. Young v. Temco Inc., et al., No. 2008-18353 (Texas Dist. Ct., Harris Cty.).

Harris County District Court Judge Tracy Christopher dismissed James Young's silica lawsuit without prejudice on Sept. 17, less than two weeks after defendant Kelco Sales & Engineering Co. complained that Young failed to provide evidence that he had silicosis.

Young, a former laborer who sued Kelco and dozens of others in March alleging that he developed …