DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
022114P.pdf 02/11/2003 Roger J. Bergfeld v. Martin Marietta Corp
U.S. Court of Appeals Case No: 02-2114
Northern District of Iowa
Civil case - Torts. District court did not err in granting defendant
summary judgment on plaintiffs' product liability claim
concerning injuries from inhaling silica sand, as the record
established that plaintiffs' employer was a sophisticated used
of the sand and defendant therefore had no duty to warn the
employer of the risks posed by excessive exposure to silica
sand; while defendant failed to provide the name of the
employer's Manager of Industrial Hygiene, the district court
did not err in relying on the manager's affidavit, as plaintiffs
were aware that the manager had prepared several surveys
of environmental health problems at the plant and plaintiffs
had adequate notice that he was a person who had
discoverable information.