Wisconsin Court of Appeals: Asbestos Cases

Our case-law library holds 21 asbestos decisions from the Wisconsin Court of Appeals (2001–2024). Each links to our summary and the full opinion.

• State: Wisconsin
• Kind of court: State appeals court

Decisions

• Lorbiecki v. Pabst Brewing Co. (2024). The court affirmed the jury verdict and liability judgment for Carol Lorbiecki against Pabst Brewing Co., but reversed the punitive damages calculation on her cross-appeal and remanded to raise the punitive award to $11,090,327.10, for a total judgment of $13,419,295.79.
• Pepsi-Cola v. Employers Ins. Co. (2022). The Court of Appeals reversed the circuit court's summary judgment for Wausau and denial of Pepsi's motion, and remanded with directions to grant Pepsi summary judgment on its duty-to-defend claim; Pepsi won and Wausau lost (one judge dissented).
• Nooyen v. Wisconsin Elec. Power Co. (2020). The Court of Appeals affirmed summary judgment for the four utilities, holding that Jacqueline Nooyen's safe place claims over her husband's mesothelioma were barred by the ten-year construction statute of repose.
• Chapp v. Colgate-Palmolive Company (1st District, 2019). The Court of Appeals affirmed summary judgment for Colgate-Palmolive, dismissing Dale Chapp's claims, because his evidence that his wife used asbestos-contaminated Cashmere Bouquet talc showed only a possibility.
• Mohn v. CBS Corporation (1st District, 2018). The court of appeals affirmed summary judgment for Sprinkmann Sons Corporation, holding that Wisconsin's construction statute of repose barred Mary Ellen Mohn's claims and that the statute was not unconstitutional.
• Springer v. Nohl Electric Products Corporation (4th District, 2016). The court of appeals reversed summary judgment for Powers Holdings, Inc. and Fire Brick Engineers Company, Inc. and remanded, finding a genuine factual dispute on whether the 1983 asset sale was fraudulent, in Springer's favor.
• Alexander v. Auer Steel & Heating Co. (1st District, 2015). The court of appeals affirmed summary judgment for Auer Steel & Heating, Milwaukee Stove & Furnace Supply, and CertainTeed, holding the Alexander estate lacked evidence from which a jury could reasonably infer Richard was exposed to their asbestos products.
• Brezonick v. AW Chesteron Company (1st District, 2015). The Court of Appeals reversed the summary judgment that had dismissed Sandra Brezonick's claims against Pabst, Miller, WEPCO, Sprinkmann and their insurers under the construction statute of repose, and remanded for further proceedings.
• Calewarts v. CR Meyer & Sons Company (3rd District, 2015). The court reversed the judgment dismissing June Calewarts' claims, ordering that several of the defendants' motions in limine be denied in whole or part, while upholding the exclusion of lay opinion that the insulation contained asbestos and of the OSHA documents (a partial win for Calewarts against CR Meyer, International Paper and others).
• Peter v. Sprinkmann Sons Corp. (2015). The court of appeals reversed summary judgment for Sprinkmann Sons Corp. and remanded, holding the construction statute of repose did not bar Pamela Peter's claim because Sprinkmann's daily insulation repairs were not improvements to real property, though the pre-1994 damages exception did not apply.
• Estate OF Gregovich v. Auer Steel & Heating Supply (1st District, 2014). The court reversed summary judgment for fourteen defendants (including Cleaver-Brooks, Honeywell, GE and Crane) and remanded for the circuit court to consider Gregovich's materials, but affirmed summary judgment for Rockwell Automation and Lennox Industries.
• Lemberger v. Honeywell International, Inc. (1st District, 2013). The Court of Appeals reversed the judgment in favor of Colleen Lemberger, which the trial court had entered after changing the jury's answers, and remanded with directions to enter judgment on the original verdict, a win for Honeywell.
• Viola v. Wisconsin Elec. Power Co. (2013). The Court of Appeals reversed summary judgment for Wisconsin Electric Power Co. on the Viola plaintiffs' Safe Place claim and remanded for trial.
• Calewarts v. CR Meyer and Sons Company (3rd District, 2012). The Court of Appeals affirmed summary judgment for Philip Morris USA, but reversed summary judgment for CR Meyer and Sons, International Paper (and Thilmany), and Colonial Heights Packaging and remanded for further proceedings, siding with June Calewarts on those defendants.
• Delsart v. Albany Felt Company, Inc. (3rd District, 2012). The Wisconsin Court of Appeals affirmed the circuit court's order granting Honeywell's second motion to reconsider, which reversed leave for Delsart to amend his complaint and left the case dismissed.
• Risse v. Building Services Industrial Supply, Inc. (1st District, 2012). The Wisconsin Court of Appeals affirmed the trial court's orders excluding the school survey records and granting summary judgment to Building Services Industrial Supply and L&S Insulation, so Mrs. Risse lost; one judge dissented.
• Singer v. Pneumo Abex, LLC. (1st District, 2012). The court reversed the judgment for Singer entered after a jury verdict and remanded with directions to grant Pneumo Abex's summary judgment motion, because the record did not show Pender was exposed to Abex's brake shoes.
• Tatera v. FMC Corp. (2009). The court affirmed summary judgment for FMC on Vicki Tatera's strict liability claim but reversed summary judgment on her negligence claim and remanded for further proceedings.
• Zielinski v. AP Green Indus., Inc. (2003). The Court of Appeals reversed the trial court's summary judgment for Firebrick Engineers and Powers Holdings and remanded, finding genuine fact disputes for the Zielinski plaintiffs on whether Firebrick supplied asbestos products to Ladish and whether Zielinski was exposed to them.
• Anderson v. Combustion Engineering, Inc. (2002). The Wisconsin Court of Appeals affirmed the judgment and related orders for Mary Anderson, upholding the jury's finding that Combustion Engineering was 29 percent responsible for her husband's death.
• International Paper Co. v. Labour & Indus. Rev. Com'n (2001). The court affirmed the circuit court order upholding the Labor and Industry Review Commission's ruling that International Paper, not the Work Injury Supplemental Benefit Fund, must pay Lorraine Wieseler's death benefits.