Gray v. Badger Mining Corp.

OPINION

GORDON W. SHUMAKER, Judge.

Respondent Lawrence Gray developed silicosis and sued appellant Badger Mining Corporation and various other defendants in this personal-injury action. He claimed that the defendants were negligent and strictly liable for failing to warn him of the dangers of breathing silica dust, and that the defendants breached warranties of merchantability and fitness for intended purpose. After the district court denied the defendants’ motions for summary judgment, all defendants settled with Gray, except Badger.

Badger renewed its motion for summary judgment on the legal…