Thursday, March 06, 2003

Bergfeld v. Unimin Corp., No. 02-2114 (8th Cir. (Iowa) 02-11-03) - Silica Sand:  Facts:  An employee of the Dubuque Works Foundry from 1972 to 1986 was exposed to airborne dust from silica sand being used in the foundry process.  The employee claimed that the manufacturer of the silica sand failed to warn him or his employer of the risk of silicosis associated with exposure to silica dust concentrations below OSHA's maximum permissible level but above the maximum level recommended by NIOSH.   Holding:  The Eighth Circuit affirmed the district court's grant of summary judgment to the defendant employer on the grounds that it was a sophisticated user of the silica sand and, thus, the manufacturer had no duty to warn of the risks posed by excessive exposure. 10:27:29 PM    comment [] Flock v. Scripto-Tokai Corp, No. 02-20098 (5th Cir. (Tex.) 02-07-03) - Utility Lighter:  Facts: In October 1999, a mother and her son died in a fire at their trailer in Conroe, Texas.  Official fire investigators concluded that the fire originated in the son's bedroom and was caused by him playing with the only incendiary device found therein, a utility lighter manufactured by the defendant.  Holding:  The Fifth Circuit affirmed the district court's grant of summary judgment to the defendant under Texas' Deceptive Trade Practices Act but reversed and remanded the grant of summary judgment on design defect grounds because the plaintiffs presented sufficient evidence of a genuine issue of matieral fact. 9:44:00 PM    comment []

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