Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Milwaukee County Circuit Court The decedent, Gerald “Jerry” Lorbiecki, was a steamfitter who worked at a number of job sites over the better part of four decades prior to his death from mesothelioma. Attorneys for the decedent argued that two of these locations—Pabst Brewing Co. and Wisconsin Electric—were “negligent in protecting employees from asbestos exposure … Continued
WISCONSIN – In this appellate action, Jacqueline Nooyen, the plaintiff, sought to appeal the circuit court’s decision to grant summary judgment to the defendants, Wisconsin Electric Power Company, Madison Gas and Electric Company, Wisconsin Power & Light Company, and Wisconsin Public Service Corporation. The plantiff’s husband, the decedent, was a career pipefitter who, between 1970 … Continued
WISCONSIN – In an asbestos coverage suit brought by Eaton Corporation against its insurers, Eaton Corporation sought to substitute itself for First State Insurance Company in third-party indemnity and contribution claims brought against First State by other defendant insurers. Eaton and First State had entered into a settlement agreement in which Eaton agreed to defend and … Continued
WISCONSIN – The plaintiff, Dale Chapp, filed suit against Colgate Palmolive arguing that his late wife, Ruth Chapp, developed mesothelioma from her use of Cashmere Bouquet talcum powder from approximately 1969-the mid-1980s. The plaintiff also alleged that Ruth Chapp was secondarily exposed to asbestos from laundering his work clothes. Colgate moved for summary judgment. The … Continued
WISCONSIN – The Eastern District of Wisconsin ruled this week that a continuous trigger and all-sums allocation applied in a dispute between an Eaton Corporation — sued in a large number of personal injury cases based on exposure to asbestos through products manufactured by Cutler-Hammer, Inc., which Eaton acquired by merger in 1979 — and … Continued
WISCONSIN — Plaintiff Johnson Carter filed suit against Henry Carlson’s Construction Company (HCCC) alleging he suffered “a variety of severe medical symptoms” after exposure to asbestos while working for HCCC as a temporary construction worker. Specifically, he claimed that he was exposed to asbestos during a demolition of a hospital in the late 1980s. He … Continued
WISCONSIN — The plaintiff Thomas Mohn alleged that he developed lung cancer from exposure to asbestos while working with insulated turbine blankets supplied by defendant Sprinkmann during the construction of the Genoa power plant in the 1960s. Sprinkman filed a motion for summary judgment on statue of repose grounds, which the trial court granted. The … Continued
WISCONSIN –Weyerhauser operated a manufacturing facility in Marshfield, Wisconsin from 1960 to 2000. Among other wood products manufactured at the mill, Weyerhauser produced asbestos-core doors in Marshfield from 1971 to 1978. The plaintiffs’ decedents Elvira Kilty and Herbert Spatz each worked at the Marshfield Weyerhauser mill. Due to the Wisconsin Workers’ Compensation bar, they alleged … Continued
WISCONSIN – In a consolidated case, two plaintiffs asserted strict liability and negligence claims against 3M regarding respirators they wore at a factory which manufactured fireproof doors containing asbestos cores. Both plaintiffs developed mesothelioma from alleged asbestos exposure. The plaintiffs were employed by Weyerhauser for approximately 40 years each. In 1972, a company memo required all employees … Continued
WISCONSIN — In a follow up to Asbestos Case Tracker’s previous post, the Supreme Court of Wisconsin reversed the Court of Appeals’ decision in a recent mesothelioma case involving allegations of fraudulent conveyance by a successor in interest entity. The plaintiff originally filed suit against several defendants including Fire Brick Engineering and Powers Holding claiming … Continued