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R&R Insurance Blog

7/22/10 - Wis. Supreme Court Denies Asbestos Death Claim

Posted by Scott Brookes

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.

I would have to assume this individual did receive workers compensation benefits but the family felt the company was negligent and that they should have had the opportunity to make a liability claim for additional benefits - such as pain and suffering which could amount to a much larger award. WI has a strong history of keeping work injuries and resulting statutory benefits under workers compensation coverage, and not allowing suits under liability policies.

Topics: Workers Compensation, Business Insurance