Products Liability Law Reporter

Gerald Lorbiecki worked as a steamfitter for over 30 years. During the 1970s, he worked for Pabst Brewing Co. and Wisconsin Electric Power Co., and his work required him to remove asbestos insulation. When he was 75, Lorbiecki was diagnosed as having mesothelioma. Despite chemotherapy, Lorbiecki died of his disease several months after the diagnosis. He is survived by his wife and adult son.

Lorbiecki’s wife sued Pabst Brewing and Wisconsin Electric, alleging violation of the Safe Place Statute, Wis. Stat. §101.11, which imposes a nondelegable duty for premises owners to furnish a safe place of employment. The plaintiff asserted that although the defendants had constructive knowledge of asbestos hazards, they failed to warn workers or protect them.

Wisconsin Electric settled confidentially before trial. The jury awarded approximately $26.54 million, including $20 million in punitive damages against Pabst. The jury found Pabst and Wisconsin Electric each 22% at fault and attributed the remaining liability to nonparties. The award included more than $195,100 for medical and funeral expenses.

Citation: Lorbiecki v. Pabst Brewing Co., No. 2018CV004971 (Wis. Cir. Ct. Milwaukee Cty. Oct. 6, 2021).

Plaintiff counsel: AAJ members Jonathan Holder, Rachel Gross, and Jessica Dean, all of Dallas.

Plaintiff experts: Arnold Brody, pathology, New Orleans; and Edwin Holstein, occupational medicine, Boston.

Defense expert: Kimberly Parr, industrial hygiene, Milwaukee.