April 17, 2015
FormanWatkins Wins Two Summary Judgment Motions for Client Moldex-Metric
FormanWatkins recently won two significant summary judgments for its client Moldex-Metric, Inc. in Ruby Jean Mealer, et al. v. Moldex-Metric, Inc. and R. C. Harris v. Moldex-Metric, Inc. Both of those cases are on the docket in the Circuit Court of Jones County, Laurel, Mississippi.
The Mealer trial was set to commence on March 30, 2015. The Harris trial was set for April 6, 2015. On Saturday, March 28, 2015, Judge Dal Williamson granted Moldex-Metric’s summary judgment motion in Mealer and found that plaintiffs failed to prove there was a feasible design alternative to Moldex-Metric’s single use disposable respirator. Judge Williamson granted Moldex-Metric’s identical summary judgment motion in Harris on April 1, 2015.
Plaintiffs in the Mealer case were the parents and wrongful death beneficiaries of their deceased son, Michael Mealer. Mr. Mealer developed silicosis as a result of his exposure to silica while jackhammering and sandblasting. Mr. Harris also developed silicosis while jackhammering and sandblasting.
On April 7, 2015, plaintiffs’ counsel moved to recuse Judge Williamson and to vacate his order granting Moldex-Metric’s summary judgment motion in Mealer and Harris. FormanWatkins’ lawyers responded to the recusal motion. On April 17, 2015, Judge Williamson denied plaintiffs’ recusal motion and motion to vacate his orders.