Fouch v. Bicknell Supply Co.

Enrico Fouch was diagnosed with silicosis and ultimately received a double-lung transplant due to his overexposure to silica sand while he worked for approximately 11 years as a sandblaster. Fouch subsequently filed suit against Mine Safety Appliances Company, Bicknell Supply Company, and Miles Supply of Elberton, Inc. collectively, “the Defendants”, who manufactured or supplied safety equipment that Fouch used while sandblasting.1 Fouch alleged strict liability for defective design and negligent failure to warn against the Defendants. The trial court granted the Defendants’ motions for summary judgment, concluding that Fouch’s claims against Mine Safety Appliances or Bicknell Supply failed as a matter of law because he did not establish that they proximately caused his injuries. Specifically, the trial court found that Fouch failed to present evidence showing the amount of exposure he experienced while using these defendants’ products. The trial court also concluded that all of the Defendants were entitled to summary judgment on Fouch’s failure-to-warn claim because they did not have a duty to warn Fouch of the known risks associated with sandblasting.2

Fouch appeals from the trial court’s ruling, contending that the trial court erred in concluding that, in order to establish proximate cause, he was required to show the actual quantity of respirable silica he was exposed to while wearing the Defendants’ products. Fouch also contends that the trial court erred in concluding that the Defendants did not have a duty to warn him of the dangers posed by sandblasting. For the reasons that follow, we reverse.