In a recent legal action stemming from a maintenance machinist’s death from mesothelioma allegedly caused by his workplace asbestos exposure, his widow’s claims against a distributor and contractor of insulation were not barred by Wisconsin’s 10-year construction statute of repose, the Wisconsin Court of Appeals held, reversing a lower court ruling.

Donald P. began work in 1959 as a maintenance machinist at the Pabst Brewery, and worked in the Pabst “Bottle House” for over 36 years. During that time, Sprinkmann Sons Corporation installed, maintained, and repaired the asbestos insulation on the steam pipes on some of the equipment used in production.

In May 2012, Donald was diagnosed with malignant pleural mesothelioma. His asbestos mesothelioma lawsuitagainst Sprinkmann alleged that his exposure to Sprinkmann’s “installation, removal and maintenance of asbestos containing pipe and block insulation at Pabst Brewery” caused his injury. His widow amended the complaint to add a wrongful death claim after Donald died in October 2013.

Asbestos Statute of Repose

Donald’s widow argued that the statute of repose did not bar her claim because the damages exception in the statute, allowing claims for “damages that were sustained before April 29, 1994,” applied because her husband’s exposure to asbestos occurred long before April 29, 1994.

She offered evidence showing that Donald worked in a building at Pabst where he was exposed to and inhaled asbestos fibers beginning in 1959 and continuing for many years.

Furthermore, she ascertained that Sprinkmann’s work with the asbestos insulation that allegedly gave her husband mesothelioma was routine maintenance and repairs, not improvement to real property.

The court agreed with Sprinkmann that the widow’s cause of action did not fall within the exception to the statute, but rejected the insulation company’s argument that its work was an improvement to real property.

Therefore, because the court concluded that Sprinkmann’s daily repairs on the insulation at Pabst were not improvements to real property, the statute of repose did not apply to bar Donald’s widow’s action. As such, the court of appeals reversed the trial court’s summary judgment.

Workplace Asbestos Exposure

Since the 1970s, the health risks associated with asbestos began to surface. When products containing asbestos begin to break down from age, or when they are cut in the manufacturing or repair process, asbestos particles can be released into the air. If a person breathes that dust, the particles can become lodged in his or her lung tissue and cause the formation of deadly respiratory diseases like mesothelioma cancer and lung cancer.

From studies of people who were exposed to asbestos in factories, we know that breathing high levels of asbestos fibers can lead to an increased risk of mesothelioma, a cancer of the lining of the chest and the abdominal cavity.

The risk of lung cancer and mesothelioma increases with the number of asbestos fibers inhaled. People who get mesothelioma have usually been exposed to high levels of asbestos over an extended period of time. The symptoms of these diseases do not usually appear until about 20 to 30 years after the first exposure to asbestos and, unaware, workers like Donald continued to put their health at risk for decades.