The Court of Appeals of Wisconsin has ruled that a former Pabst Brewery employee’s asbestos injury claim can proceed against an asbestos insulation contractor. Donald Peter worked as a maintenance machinist at Pabst for 36 years, starting in 1959. Up until 1979, Sprinkman Sons Corporation installed, maintained and repaired asbestos insulation at Pabst. In 2012, Mr. Peter was diagnosed with mesothelioma, a lung disease related to asbestos exposure.
Mr. Peter sued Sprinkman, claiming that exposure to asbestos caused his injury. The trial court granted Sprinkman’s motion for summary judgment, deciding that Wisconsin’s statute of repose barred Mr. Peter’s claim because his damages accrued in 2012, more than ten years after Sprinkman completed its project at Pabst in 1979. The court of appeals, however, reversed the trial court decision. While the court of appeals agreed that Mr. Peter’s claim could be barred by the statute of repose, the court determined that Sprinkman was not engaged in the improvement of real property at Pabst, so the statute of repose did not apply. Read the entire court of appeals opinion here.
The Wisconsin asbestos injury lawyers of Samster, Konkel & Safran, S.C. have helped many people recover for injuries and damages related to asbestos exposure. If you or someone you know has been diagnosed with an asbestos-related disease, contact us for a free online case evaluation.