Wisconsin Supreme Court holds Pabst liable for asbestos exposure at Milwaukee brewery

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By Chris Ramirez
USA TODAY Network via Reuters Connect

Pabst Brewing Co. can be held liable for asbestos exposure at its Milwaukee brewery, the Wisconsin Supreme Court said in an April 15 ruling.

The court’s 5-2 decision marked the latest development in a long-running lawsuit that started in Milwaukee County civil court nearly 10 years ago by the family of Gerald Lorbiecki, a steamfitter who died from mesothelioma in 2018.

Lorbiecki worked as a steamfitter for numerous independent contractors from the 1970s to the 2000s, including Pabst Brewing Co.’s brewery in Milwaukee. While there, Lorbiecki cut out existing insulated pipes, before replacing them.

Court filings show the brewery contained miles of asbestos-insulated pipe.

“This decision builds on what both the jury and the appellate court already recognized: Pabst knew about the dangers of asbestos exposure in its facility and failed to act,” Jonathan Holder, an attorney with Dallas-based Dean Omar Branham Shirley that represented the family, said in a statement. “The Wisconsin Supreme Court has now made clear that companies cannot avoid responsibility for unsafe conditions simply because the work is performed by contractors.”

Adam Sher, Pabst’s general counsel, issued a statement on behalf of the brewer.

“We are pleased to have this matter resolved and to be able to move forward,” Sher said. “We respect the legal process and, out of consideration for all involved, will not be commenting on the specifics of the case.”

Lorbiecki was diagnosed with mesothelioma in 2017 and filed a lawsuit that same year against multiple defendants, including the Pabst Brewing Co., for negligence and violations of Wisconsin’s “Safe Place Statute.”

Lorbiecki died Jan. 8, 2018, but his case continued and went to trial in 2021.

According to expert testimony that emerged during the trial, “thousands of pounds of insulation” had to be stripped off of the pipes by hand using a hammer, chisel, a saw, or even a pocketknife” to finish the job.

That method caused dust from the insulation to become airborne.

A Milwaukee County jury ultimately found that Pabst failed to protect workers from asbestos exposure and awarded $26.5 million.