Mississippi Valley Silica Co. v. Eastman

¶40. The majority rewards MVS’ failure to discern the applicable law in Mississippi and to tender a jury instruction correctly stating that law. In accordance with long-established precedent governing jury instructions in civil cases, I would find that MVS’ failure to tender a proper jury instruction is fatal to its argument. I respectfully dissent.

¶ 41. The sophisticated-user instruction proffered by MVS stated:

If the purchaser of silica [LeTour-neau] knew or should have known the dangers that may be associated with silica, then the purchaser is a sophisticated user, and a supplier [MVS] has…