James W. BEALE, et al. James B. Cochran, Lynchburg, Va. John M. Oakey, Jr. Tune, Jr. Rhodes, Jr. Thomas, Jr. Gorman Rosenberger, Jr. Before the Court are Defendants' joint motions for summary judgment on the duty to warn issue. The parties have submitted various briefs and appendices in support of their respective positions, and oral argument was held on June 4, This matter is now ready for disposition by the Court pursuant to Fed.
The three [1] above-styled cases were filed respectively on September 1, ; January 27, ; and July 29, These consolidated diversity actions present negligence and warranty claims of some present and former employees [2] of the Lynchburg Foundry "Foundry" against the following Defendants: Manley Brothers; Pennsylvania Glass Sand Corporation; Foseco, Inc. Minerals; Fireline, Inc. Hardy, individually and trading as Hardy Sand Company. These twelve Defendants allegedly supplied to the Lynchburg Foundry silica sand or related products used in the casting process at the Foundry.
The Lynchburg Foundry, a large manufacturer of metal castings, has foundry facilities in three different locations in Virginia: the Lower Basin and Archer Creek plants in Lynchburg and the facility in Radford. It began as a plow factory in In the late s, the majority of the Foundry's approximately 4, employees were involved in the iron castings production process. Of this number, some 1, persons were employed at the Lower Basin plant which rain two to three shifts daily. The molding process in foundries such as the Lynchburg Foundry utilizes enormous quantities of silica sand.
In , this industry employed , production workers and produced nearly 16 million net tons of castings valued in excess of 18 billion dollars. One estimate places the foundry industry's current annual and consumption figure in excess of ten million tons. Without getting into extensive detail about the intricacies of the entire casting operation at the Lower Basin plant, some background is necessary. Sand is supplied to the Foundry unpackaged in railroad car lots. It is emptied from the cars onto conveyor belts or pneumatic transporters where it is conveyed to large tanks or sand silos for storage.
Upon removal from storage, the sand is used in the various stages of metal castings production. The former produces medium size iron castings such as engine blocks and transmission housings that weigh between and 1, pounds.
