News Brief

Plaintiff Concedes Rather than Oppose Defendant’s Motion for Summary Judgment

November 6, 2013

Robert Engel (Of Counsel-San Francisco) recently prevailed in a toxic tort case in which the plaintiff conceded rather than oppose the defendant’s motion for summary judgment.

The plaintiff, the husband of the decedent, sued a general contractor based on secondary asbestos exposure theories that allegedly contributed to the death of his wife. Wilson Elser argued that under California law, a general contractor is a service provider and thus is not answerable to plaintiffs in theories of product liability and warranty. Wilson Elser subsequently filed a motion for summary judgment on product liability, breach of warranty and negligent product liability issues.

Upon reviewing the motion papers, counsel for the plaintiff, a reputable toxic tort firm in Northern California, offered to dismiss the case rather than file an opposition to the motion.

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