Decision reinforces workplace safety obligations for companies and contractors on-site

The Wisconsin Supreme Court has affirmed that Pabst Brewing Co. can be held liable for asbestos exposure at its Milwaukee brewery, marking the latest development in long-running litigation brought by the family of a steamfitter who died from mesothelioma.

The case was decided in favor of the family of Gerald “Jerry” Lorbiecki, who was exposed to asbestos while working at the brewery in the 1970s as an employee of an independent contractor. A jury previously found Pabst negligent under Wisconsin’s safe-place law and awarded compensatory and punitive damages.

“This decision builds on what both the jury and the appellate court already recognized: Pabst knew about the dangers of asbestos exposure in its facility and failed to act,” said Jonathan Holder, an attorney from Dean Omar Branham Shirley, which represents the family. “The Wisconsin Supreme Court has now made clear that companies cannot avoid responsibility for unsafe conditions simply because the work is performed by contractors.”

In the decision, the court rejected Pabst’s arguments that the company could avoid responsibility because the work was performed by a contractor, strengthening the state’s Safe Place Act by reaffirming that workplace safety obligations extend to all workers on-site.

A trial court in 2021 found that the company failed to protect workers from asbestos exposure and awarded $26.5 million. At trial, the family’s attorneys pointed to a 1986 OSHA violation citing crumbling asbestos in the workers’ lunchroom to show that Mr. Lorbiecki’s exposure continued even during daily breaks.

“We’re grateful this ruling brings continued recognition to the Lorbiecki family’s loss,” said Mr. Holder.

The underlying case is Carol Lorbiecki, Individually, and as Personal Representative of the Estate of Gerald Lorbiecki vs. Air & Liquid Systems Corporation, et al., 2018CV004971, Branch 14 of the Milwaukee County Circuit Court.

About Dean Omar Branham Shirley

Dean Omar Branham Shirley, LLP, is a nationally recognized trial firm that handles cases across the country for individuals who have suffered catastrophic injuries or have died as a result of irresponsible conduct of others. For more information, please visit http://www.dobslegal.com.

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“This decision builds on what both the jury and the appellate court already recognized: Pabst knew about the dangers of asbestos exposure in its facility and failed to act,” said Jonathan Holder, an attorney from Dean Omar Branham Shirley.