Date Posted: February 28, 2009 by CaliLaw
Motion for Summary Judgment in a Silica Case
Points and authorities in support of summary judgment on the basis that plaintiff cannot support the essential element of causation since he failed to produce evidence of exposure to defendant's alleged silica-containing product. Negligence and strict liability causes of action fail as a matter of law. Fraud claim and prayer for punitive damages both fail since plaintiff has presented no evidence of defendant's fraud.