8th Circuit Affirms Dismissal of Silica Claims, Says Complaint Time-Barred

ST. LOUIS –– The U.S. Court of Appeals for the 8th Circuit has affirmed an award of summary judgment to defendants in a silica-related action, finding that the plaintiff should have, by the exercise of reasonable diligence, known of his lung damage and its connection to silica exposure five years before the lawsuit was filed.

In its Aug. 3 opinion, the 8th Circuit opined that “all the plaintiff had to do” was asked his doctors whether sandblasting had hurt his lungs.

Plaintiff Hershel Robinson asserted the claims, contending that his work as a sandblaster exposed him to silica dust and …