7/22/10 – Wis. Supreme Court Denies Asbestos Death Claim
The Wisconsin State Supreme Court says a brake maker wasn’t negligent in a machinist’s death.
Walter Tatera, a former Hales Corners machine shop worker, died of cancer in 2004. His estate sued FMC Corp., a Milwaukee brake manufacturer, alleging disks the company sent to Tatera’s shop contained asbestos and caused his cancer.
A Milwaukee judge found the company was not liable or negligent in Tatera’s death. A state appeals court last year, however, ruled FMC could be sued for negligence.
The Supreme Court reversed that ruling in a 4-3 decision. The court says FMC’s conduct didn’t amount to affirmative negligence.
Jill Rakauski, an attorney for Tatera’s estate, says she’s disappointed and believes the estate should be allowed to make a claim.