Joshua Praw (Partner-San Francisco, CA) and Vanessa Natividad (Of Counsel-San Francisco, CA) secured summary judgment for Wilson Elser's client, a stone retailer, in a toxic tort action filed in the Los Angeles County Superior Court. All claims against the client were dismissed just one month before trial.
 
The plaintiff, a stone fabricator, sued dozens of defendants, including Wilson Elser's client, alleging that they manufactured, distributed, or otherwise sold stone countertops that the plaintiff ultimately fabricated. During the fabrication process, respirable crystalline silica was released, and the plaintiff was diagnosed with silicosis, an incurable and life-threatening lung disease. In moving for summary judgment, Joshua and Vanessa demonstrated that the plaintiff could not accurately or specifically identify the client's involvement in his alleged exposure. The motion further established that, even crediting all the plaintiff's claims, the client's products accounted for less than 1% of the plaintiff's overall exposure to respirable crystalline silica. Joshua and Vanessa argued that, on this record, no reasonable jury could find that the client's involvement was a substantial factor in causing or contributing to the plaintiff's silicosis diagnosis.
 
The court agreed, granting summary judgment and dismissing the complaint against Wilson Elser's client, thus eliminating the need for a trial.