The Wisconsin Supreme Court is weighing whether Pabst Brewing Company can be held liable for a contractor’s mesothelioma death. Arguments were heard by the state’s high court last September, and its decision will set a precedent for how the state’s courts calculate damages in similar cases.
Mesothelioma Victim’s Family Seeks Justice After Contractor’s Asbestos Death
The appeal before the Wisconsin Supreme Court centers on Gerald Lorbiecki, a pipefitter and independent contractor who died of mesothelioma after being exposed to asbestos at Pabst’s Milwaukee bottling facility in the 1970s. Lorbiecki filed his lawsuit in 2017, and after the disease took his life, his family carried the suit forward as a wrongful death claim. In 2021, a jury determined Pabst owed the family more than $20 million, an amount later reduced to $13.4 million by an appellate court due to Wisconsin’s statutory damages caps.
In its presentation to the state supreme court, Pabst argued that it should not be held liable for Lorbiecki’s mesothelioma because it had delegated responsibility for his working conditions to a construction company overseeing renovations at its facility. The company’s attorney told the court that “Pabst did not have a duty to Mr. Lorbiecki to provide him safe employment,” but rather “did have a duty to provide a safe place to the independent contractor/employer before they came in to do their work.” This argument drew pushback from some of the court’s justices, with Justice Rebecca Dallet noting that “the record is clear that Pabst absolutely knew of the dangers of asbestos.”
Mesothelioma Case Could Reshape Wisconsin Damages Landscape
Wisconsin Manufacturers and Commerce, the state’s largest business lobbying group, filed a separate brief arguing that ruling in favor of the mesothelioma victim’s family in this case could result in “unconstitutionally excessive” penalties for companies in future litigation. By contrast, the president of the state’s AFL-CIO called for a complete affirmation of the Court of Appeals decision, stressing the right to a safe workplace for every worker. The court’s decision will both determine whether Pabst must pay the $13.4 million mesothelioma award and establish precedent for calculating damages in future cases involving independent contractors.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
