Products Liability - Adequacy of Warnings - Sophisticated User - Appeal

Mr. McReynolds handled this appeal when a foundry worker sued sand supplier Unimin Corporation, among others, for damages caused by exposure to silica dust in the employer’s foundry. The trial court’s denial of Unimin’s motion for summary judgment was reversed on writ application. The Fourth Circuit Court of Appeal held that Avondale, the plaintiff’s employer, was a sophisticated user of sand and that Unimin’s warnings on labels, invoices and in mass mailings were adequate as a matter of law.
Cowart v. Avondale Industries, 01-0894 (La. App. 4th Cir. 7/3/01), 792 So.2d 73, writ denied, 01-2719 (La. 1/4/02), 805 So.2d 211.