Court Says Plaintiff Can Pursue Heavy Equipment, Compressor Claims

SAN FRANCISCO - Manufacturers of component parts and generic products that have numerous uses separate from those involving silica sand may be held liable for injuries caused by occupational inhalation of respirable dust, a California Appeals Court has held. Dye, et al. v. Caterpillar Inc., et al., Nos. A114948, A116022 (Calif. Ct. App., 1st Dist.).

Reversing a trial court decision that dismissed silica-related claims against several heavy equipment and air compressor manufacturers, the First District Court of Appeal ruled Nov. 17 that Donald Dye's third amended complaint was sufficient to potentially confer liability on the defendants.

The court held that …