Quoted from http://www.wisbar.org/AM/Template.cfm?Section=News&Template=/CM/ContentDisplay.cfm&ContentID=108523
State appeals courtreverses $1.5million award in asbestos case
The estate of a man who died from malignant mesothelioma did not produce enough evidence to prove he was exposed to the asbestos-containing brake shoes supplied by the defendant.
By Joe Forward, Legal Writer, State Bar of Wisconsin
Jan. 24, 2012 – In a recent decision, a Wisconsin appeals court reversed a $1.5 million damages award against a brake-shoe supplier whose product contained asbestos, concluding the evidence was insufficient to prove causation.
John Pender worked as a painter and glass setter for 41 years, from 1952 to 1993. In 2006, he was diagnosed with malignant mesothelioma and died shortly thereafter.
Pender’s estate sued various product manufacturers based on negligence and strict products liability, claiming the products they supplied to Pender’s employer, Harnischfeger Corp., contained asbestos that created an asbestos-laden dust when the brake shoes were grinded.
Pneumo Abex LLC, a brake shoe supplier, was one of the manufacturers. Abex did not dispute that its product contained asbestos. But in Estate of John Pender v. Pneumo Abex LLC, (Jan. 18, 2012), the District I Wisconsin Court of Appeals agreed with Abex that the estate did not produce sufficient evidence to prove Pender had actual exposure to Abex’s product.
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