Pabst Loses Appeal on Abestos Death of Contractor

The Wisconsin Supreme Court recently upheld a $6.9 million jury verdict against Pabst Brewing Co. (“Pabst”) for compensatory and punitive damages stemming from on-the-job asbestos exposure.

The case stemmed from a pipe steamfitter who developed mesothelioma from asbestos exposure over a period of many years. The plaintiff, Gerald Lorbiecki, was a steamfitter who replaced pipes at a variety of businesses in Wisconsin.

In the late 1970’s, Lorbiecki worked for an outside contractor hired by Pabst to replace pipes in its brewing facilities which were covered with asbestos insulation. Pabst knew that the insulation contained asbestos and that exposure was dangerous. Pabst was found liable for failing to take the proper precautions to keep Lorbiecki safe. 

Under Wisconsin's Safe Place Statute, all businesses owe an ​“ongoing duty to keep premises safe,” and even though Lorbiecki was not one of Pabst’s employees, under this law, Pabst still owed him this duty of care to keep him safe while he was replacing the pipes.

The jury found that Pabst violated this duty by not sufficiently protecting Lorbiecki as he replaced the dangerous pipes despite Pabst’s knowledge of the danger. 

The Wisconsin high court's decision is important because it reminds employers they can't simply hide behind a contractor label when it comes to maintaining safe workplaces. That obligation extends to a person with whom the employer contracts as well as to its employees.