The Wisconsin Court of Appeals has increased the award from $6.9 million to $13.4 million for the family of a steamfitter who died of mesothelioma in 2018 due to asbestos exposure at the Pabst Blue Ribbon brewery in Milwaukee.
Gerald “Jerry” Lorbiecki worked in the brewery’s bottle house during the 1970s. A 2021 jury determined that Pabst failed to protect employees based partly on evidence that Lorbiecki was exposed to asbestos while working on pipes in the bottle house.
Lawyers for the family also pointed out a 1986 OSHA violation citing the company for asbestos fibers falling from exposed piping in the employee break room. Lorbiecki and other workers were exposed even while eating lunch.
The jury award was $26.5 million, which included $20 million in punitive damages. However, the trial court lowered that amount to $6.9 million, citing statutory limits in Wisconsin.
What Pabst Said in its Appeal
Pabst appealed the verdict, claiming there was insufficient evidence that unsafe conditions at the brewery caused Lorbiecki’s illness.
The company also asserted that the court improperly admitted evidence of allegations in three prior lawsuits brought by other Pabst workers diagnosed with mesothelioma.
In addition, Pabst argued that the court should not have allowed the question of punitive damages to reach the jury because the family’s attorneys failed to show that the company knew its contractors were removing asbestos contrary to OSHA rules.
“Pabst’s Arguments Fail”
However, in its May 7 ruling, the appeals court concluded that “Pabst’s arguments fail” and instructed the circuit court to increase the punitive damages. This brought the Lorbiecki family’s award to $13.4 million.
The ruling noted that Pabst’s corporate representative did not dispute that asbestos materials were delivered and used at the site, including during Lorbiecki’s time there.
The ruling stated that attorneys for the family “presented clear and convincing evidence that before Gerald’s work at Pabst, it was aware of the dangers of asbestos, and yet workers were unsafely exposed to disturbed asbestos.”
The court also stated that the mesothelioma claims other Pabst employees filed against the company were similar enough to Lorbiecki’s to be relevant.
“We are happy to see the court side with the Lorbiecki family,” said attorney Jonathan Holder with Dean Omar Branham Shirley, LLP, the law firm representing the family, in a press release. “During the trial, the jury understood by our evidence that there was a serious lack of concern about the brewery workers’ wellbeing and health. We are glad the appellate court agreed.”
Jonathan Holder with Dean Omar Branham Shirley, LLP
