Miss. Supreme Court Grants Petition to Appeal, Stays Silica Case

JACKSON, Miss. - The Mississippi Supreme Court has granted a petition for interlocutory appeal of a trial court ruling that allowed a wrongful death silica case to proceed even though it was filed five years after the decedent brought a personal injury action for the same alleged exposure. Empire Abrasive Equipment Corp. v. Morgan, No. 2010-M-00247-SCT (Miss. Sup. Ct.).

In an Oct. 28 order, the high court said the petition should be granted and all proceedings stayed in Henry S. Morgan Jr.'s Adams County Circuit Court complaint until the appeal is resolved.

Morgan initially filed a complaint for silica-related injuries …