Mississippi Valley Silica Co. v. Eastman

DICKINSON, Presiding Justice,

for the Court:

¶ 1. In this lawsuit, Robert Eastman claims Mississippi Valley Silica Company, Inc. (“MVS”) — the company that supplied sand to his employer, Marathon LeTour-neau — failed to warn him of the dangers posed by sandblasting. At trial, MVS requested a sophisticated-userAearned-inter-mediary jury instruction. Although the requested instruction was an incomplete statement of the law, the trial judge refused the instruction for an erroneous reason and failed to instruct the jury properly on the submitted defense. The jury returned a verdict for Eastman, and…