New York Appeals Court to Weigh Sophisticated User Defense

ROCHESTER, N.Y. - Briefs have been filed in the appeal of a New York trial court ruling that relieved sand suppliers of their duty to warn based on a finding that the plaintiffs' employer was in a better position to communicate silica-related hazards to its employees. Rickicki, et al. v. Borden Chemical, et al., No. 07-01668 & 07-02552 (N.Y. Sup. Ct., 4th Dist. App. Div.).

David Rickikki and Michael Crowley appealed the decision to New York's Fourth Department Appellate Division in July, arguing that it was erroneous on several grounds - most notably that New York law has for a …