Summary of Wisconsin Supreme Court mesothelioma case

Walter Tatera et al. v. FMC Corporation (2008AP170)

The supreme court, in this asbestos-related case, is asked to clarify several issues related to negligence and the definition of extra-hazardous work. Walter Tatera, who died of malignant mesothelioma, had been exposed to asbestos while working for nearly 30 years at B&M Machine. B&M is an independent contractor that modified the brake disks manufactured by FMC suppliers.

Tatera’s wife Vicki sued FMC claiming negligence and strict liability, and the trial court dismissed the action on summary judgment, ruling that Vicki failed to demonstrate a claim. The court of appeals reversed with respect to negligence but affirmed the dismissal of the strict liability claim. FMC asks the supreme court to review (1) whether the facts fit within the two narrow exceptions to the general rule that a principal employer is not liable in tort for injuries sustained by an employee of independent contractors; (2) whether an affirmative act of negligence would include failure to warn; and (3) whether abnormally dangerous or extra-hazardous work includes machining asbestos-containing friction disks.

http://www.wisbar.org/AM/Template.cfm?Section=News&Template=/CM/ContentDisplay.cfm&ContentID=90937