Pettit Kohn Wins Summary Judgement on Behalf of Large National Retail Client over Toxic Tort Claims

Pettit Kohn Ingrassia Lutz and Dolin litigation attorneys Christine E. Boisclair, Heritage L. Ganasi, and Elizabeth A. Miller successfully obtained summary judgement in Los Angeles County Superior Court on behalf of a national retail client.

Plaintiff brought a lawsuit alleging he developed pleural mesothelioma from exposure to asbestos-contaminated talcum powder products purchased from the Defendant. Plaintiff alleged negligence and strict liability and sought punitive damages alleging the retailer intended to harm him.

Ms. Miller prepared the motion, and Ms. Ganasi handled the oral argument. The argument focused on the fact that Plaintiff could not prove, nor provide evidence of, asbestos exposure or contamination in any product purchased from the Defendant. They also argued that the retailer had no duty to test or inspect the products it sold and demonstrated that the retailer had not acted with malice, oppression, or fraud, and therefore, no punitive damages were warranted. The Court also excluded Plaintiff’s expert evidence as inadmissible hearsay. Pettit Kohn litigation attorney Chandler C. Martin handled the expert evidentiary objections.

After the Motion was granted, Plaintiff brought a Motion for Reconsideration arguing that the Court failed to consider additional evidence on the issue of contamination. Ms. Ganasi opposed Plaintiff’s Motion for Reconsideration, which was promptly denied by the Court.

About Christine E. Boisclair

Christine E. Boisclair is a shareholder for Pettit Kohn Ingrassia Lutz & Dolin’s San Diego office. She represents Fortune 500 companies in product liability, toxic tort, and trucking litigation. Christine has managed all aspects of litigation, including party and expert depositions, mediation, and motion practice. Christine is licensed to practice before all courts in the State of California, as well as the United States District Court for the Southern, Central, and Northern District of California. In addition, Christine has been recognized as one of San Diego Super Lawyers^® Rising Stars each year since 2020.

About Heritage L. Ganasi

Heritage L. Ganasi is an associate attorney for Pettit Kohn Ingrassia Lutz & Dolin’s San Diego office. She focuses her practice on the defense of retail matters including product liability, premises liability, and personal injury. Heritage obtained her Juris Doctor from the University of San Diego. While in law school, Heritage received multiple honors in her litigation courses. Heritage also served as a Senior Editor for the University of San Diego’s International Law Journal. In addition, Heritage served as a State Bar Certified Law Student at the University of San Diego, Women’s Legal Clinic where she received the “2023 Outstanding Graduate Clinic Intern of The Year Award” for displaying exceptional oral advocacy during in-court appearances on behalf of low-income clients seeking family law services. 

About Elizabeth A. Miller

Elizabeth A. Miller is an associate attorney for Pettit Kohn Ingrassia Lutz & Dolin’s San Diego office. She focuses her practice on retail and toxic tort litigation. Before transitioning to corporate defense work, Elizabeth represented plaintiffs in class action wage-and-hour matters. She earned her Juris Doctor from the University of San Diego School of Law, with a concentration in Environmental and Energy Law. During law school, Elizabeth refined her writing and research skills by serving as a Lead Articles Editor for the San Diego Law Review, Teaching Assistant for the Legal Writing and Research class, and Research Assistant for a professor specializing in artificial intelligence issues in the context of employment law.

About Pettit Kohn Ingrassia Lutz & Dolin

Pettit Kohn Ingrassia Lutz & Dolin PC is a leading AV-rated, full-service trial firm with expertise in litigating and resolving civil matters in both state and federal courts. The firm represents clients in the areas of Appellate, Business Litigation, Community Association Litigation, Employment & Labor, Ethics & State Bar Defense, Personal Injury, Product Liability, Professional Liability, Real Estate Litigation, Restaurant & Hospitality, Retail, Toxic Tort, Transactional & Business Services, Transportation, and Trial & Civil Litigation. Clients include large and mid-sized corporations, privately held businesses, institutions, and individuals. Pettit Kohn practices throughout California and Arizona. Learn more about the firm at www.pettitkohn.com.