Oral arg. – Miss.S.Ct. – Jan. 13, 2015

At 10:00 a.m., Tuesday, January 13, 2015, the Mississippi Supreme Court will hear Mine Safety Appliance Co., v. Huey Holmes.

THis is another silica case.  In  2002,  Huey Holmes along with other plaintiffs filed a lawsuit alleging  silica-related injuries. Holmes alleged his injuries were the result of part time construction jobs (jackhammering concrete) that he held between 1958 and 1964.  Holmes was dismissed from that lawsuit on April 7, 2006, for misjoinder.  He filed a new lawsuit on May 16, 2007. The claims against Mine Safety Appliance Co. were based on alleged respirator failure.  MSA defended the lawsuit on statute of limitation grounds, that Holmes failed to prove exposure as well as failure to prove that MSA should have known that jackhammering concrete could lead to silicosis, etc.  Judge Pickard allowed the case to go to a Jefferson County jury which found in favor of the plaintiff.   The jury held MSA liable for 90% of Mr.Holmes’ damages, and his former employer, T.P. Groome Construction, 10% liable. The judgment against MSA was for $787,500.

Mine Safety Appliance’s brief

Holmes’ brief 

Mine Safety Appliance’s rebuttal brief

Watch the argument here.

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