United States Eighth Circuit
BERGFELD v. UNIMIN CORP., 02-2114
A product liability claim concerning injuries from inhaling silica sand was not actionable under Iowa law, as plaintiffs' employer was a sophisticated user of the sand, and defendant therefore had no duty to warn the employer of the risks posed by excessive exposure.
Appellate Information
- Decided 02/11/2003
- Published 02/11/2003
Judges
- WOLLMAN, Circuit Judge., Before WOLLMAN, LAY, and MAGILL, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Michael B. Martin, argued, Houston, TX (Todd Locher, Farley, IA, on the brief), for appellant.
- For Appellees:
- Francis A. Citera, argued, Chicago, IL (Ruth A. Bahe-Jachna, Chicago, IL, Lisa Harris, Orlando, FL and Larry J. Thorson, Cedar Rapids, IA, on the brief), for appellee.