Mississippi Valley Silica Co. v. Reeves
141 So. 3d 377
| Miss. | 2014Background
- Robert B. Reeves worked for Illinois Central Railroad (1947–1991) and was regularly exposed to traction sand and sandblasting dust; he later developed interstitial pulmonary fibrosis and died in 2010.
- Reeves (later represented by his widow) sued thirty-two defendants, ultimately trying Valley (Mississippi Valley Silica) alone at a 2012 trial; jury found for Reeves and assigned Valley 15% fault.
- Jury awards: $149,464.40 economic, $1.5 million noneconomic, $50,000 punitive; trial court applied 2002 law and made Valley jointly/severally liable for 50% and awarded $257,701.50 attorney fees — total ≈ $1.13M.
- Plaintiff’s theory: Reeves suffered mixed-dust pneumoconiosis from asbestos and respirable crystalline silica; plaintiff sought damages attributable to the silica component and alleged Valley supplied some of the sand inhaled.
- Key evidentiary gaps: plaintiff presented (a) Reeves’s uncertain memory of seeing a Valley-labeled bag once (1970s flood), (b) coworker testimony suggesting Valley sand was seen unloaded in some yards, and (c) expert exposure estimates for total respirable silica — but no invoices, chain-of-sale records, or witnesses who loaded traction tanks confirming Valley sold traction sand to Illinois Central.
- Trial court denied Valley’s JNOV; Supreme Court reviews sufficiency of evidence and holds plaintiff failed to prove Valley’s sand proximately caused Reeves’s injuries.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence linking Valley sand to Reeves’s injuries | Reeves: testimony and witness statements show Valley sand was used by railroad and in yards; expert evidence shows significant respirable silica exposure sufficient to attribute part of harm to Valley | Valley: no direct evidence Valley sold sand to Illinois Central; plaintiff failed to show any appreciable portion of inhaled silica came from Valley (no invoices, no loaders, weak recollections) | Reversed: evidence insufficient as a matter of law to tie Valley’s product to plaintiff’s injury; JNOV should have been granted in favor of Valley |
| Allocation / joint-and-several liability under 2002 law | Reeves: original filing in 2002 entitles application of pre-2004 law capping and liability rules | Valley: (not reached due to dispositive first issue) | Not reached (disposition based on causation) |
| Punitive damages and attorney fees | Reeves: punitive and fees proper based on verdict and applicable law | Valley: (contested) | Not reached (disposition based on causation) |
| Remittitur | Reeves: verdict amounts appropriate | Valley: excessive (contested) | Not reached (disposition based on causation) |
Key Cases Cited
- Canadian Nat’l Ry. v. Smith, 926 So.2d 839 (Miss. 2006) (requirements for proper joinder and refiling after dismissal)
- Solanki v. Ervin, 21 So.3d 552 (Miss. 2009) (standard for reversing denial of JNOV)
- Jackson v. Swinney, 140 So.2d 555 (Miss. 1962) (plaintiff’s burden to prove defendant was the wrongful author of the efficient cause)
- Madison HMA, Inc. v. St. Dominic-Jackson Mem’l Hosp., 35 So.3d 1209 (Miss. 2010) (de novo review of legal errors)