Court affirms brewery’s liability for worker’s asbestos exposure, siding with victim’s family
The Wisconsin Supreme Court has issued a significant ruling affirming that Pabst Brewing Company can be held liable for asbestos exposure at its Milwaukee brewery, marking a pivotal moment in a long-running legal battle centered on workplace safety and corporate responsibility. The decision represents not only a legal victory for the family of Gerald Jerry” Lorbiecki, but also a broader reinforcement of worker protection laws in the state of Wisconsin.
The case stems from events dating back to the 1970s, when Gerald Lorbiecki worked as a steamfitter at the Pabst brewery. Although he was employed by an independent contractor rather than directly by Pabst, Lorbiecki was regularly exposed to asbestos while performing his duties on-site. Decades later, he developed mesothelioma, a rare and aggressive cancer strongly linked to asbestos exposure. His illness ultimately led to his death, prompting his family to pursue legal action against multiple parties, including Pabst.
At the heart of the litigation was the question of whether a company can be held responsible for hazardous conditions affecting workers who are not directly on its payroll. Pabst argued that because Lorbiecki was employed by a contractor, the company should not be liable for his exposure. However, both a jury and lower courts rejected this argument, finding that Pabst had failed to maintain a safe environment within its facility.
The jury’s findings were particularly significant. After reviewing evidence presented during the trial, jurors concluded that Pabst had been negligent under Wisconsin’s Safe Place Act—a law that requires employers and property owners to ensure that their premises are safe for employees, contractors, and visitors alike. The jury awarded both compensatory and punitive damages, ultimately totaling $26.5 million, underscoring the severity of the company’s failure to protect workers from known hazards.
The Wisconsin Supreme Court’s decision to uphold these findings reinforces the broad scope of the Safe Place Act. By rejecting Pabst’s appeal, the court made it clear that companies cannot sidestep their safety obligations simply by outsourcing work to independent contractors. The ruling emphasizes that responsibility for workplace safety extends to all individuals present on a job site, regardless of their employment status.
According to Jonathan Holder, an attorney representing the Lorbiecki family, the decision builds upon earlier rulings that had already established Pabst’s negligence. He noted that evidence presented during the trial demonstrated the company’s awareness of asbestos-related risks and its failure to take appropriate action. This included documented instances of deteriorating asbestos within the facility, which posed ongoing dangers to workers.
One of the most compelling pieces of evidence cited during the trial was a 1986 violation issued by the Occupational Safety and Health Administration (OSHA). The violation specifically referenced crumbling asbestos in a workers’ lunchroom at the brewery, indicating that exposure risks extended beyond active work areas and into common spaces where employees spent their breaks. This detail highlighted the pervasive nature of the hazard and strengthened the argument that Pabst had failed to adequately address known safety issues.
The court’s ruling also has broader implications for workplace safety standards across industries. By affirming that companies have a duty to protect all workers on their premises, the decision sets a precedent that may influence future cases involving contractor liability and hazardous work environments. Legal experts suggest that the ruling could lead to increased scrutiny of corporate practices, particularly in industries where subcontracting is common.
The case, formally titled Carol Lorbiecki, Individually, and as Personal Representative of the Estate of Gerald Lorbiecki vs. Air & Liquid Systems Corporation, et al., has been closely watched due to its potential impact on the interpretation of safety laws. The Wisconsin Supreme Court’s decision provides clarity on the extent of employer responsibilities, reinforcing the principle that safety obligations cannot be delegated or avoided.
For the Lorbiecki family, the ruling represents a measure of justice after years of legal proceedings. Their case has drawn attention to the long-term consequences of asbestos exposure and the importance of holding companies accountable for maintaining safe working conditions. Mesothelioma cases often involve lengthy latency periods, meaning that symptoms may not appear until decades after exposure, making it challenging for victims and their families to seek timely recourse.
The decision also serves as a reminder of the enduring legacy of asbestos use in industrial settings. Despite widespread awareness of its dangers today, asbestos was commonly used in construction and manufacturing throughout much of the 20th century. Many older facilities, like the Pabst brewery, contained asbestos materials that could become hazardous if disturbed or allowed to deteriorate.
By upholding the jury’s verdict, the Wisconsin Supreme Court has reinforced the idea that companies must take proactive steps to identify and mitigate such risks. This includes conducting regular inspections, addressing known hazards promptly, and ensuring that all individuals on-site are protected from exposure. Failure to do so can result in significant legal and financial consequences, as demonstrated by the substantial damages awarded in this case.
The ruling is likely to resonate beyond Wisconsin, as courts in other jurisdictions may look to it as a reference point when addressing similar issues. It underscores a growing trend in the legal system toward holding companies accountable for the safety of their environments, regardless of the complexity of employment arrangements.
Ultimately, the case highlights the intersection of law, public health, and corporate responsibility. It underscores the importance of robust safety regulations and the role of the courts in enforcing them. For workers and their families, the decision offers reassurance that the legal system can provide a path to justice, even in cases involving long-term and often invisible hazards like asbestos exposure.
As industries continue to evolve and rely on a mix of direct employees and contractors, the principles affirmed in this ruling will remain highly relevant. The Wisconsin Supreme Court’s decision sends a clear message: workplace safety is a fundamental obligation that cannot be ignored, delegated, or diminished.
About Dean Omar Branham Shirley
Dean Omar Branham Shirley, LLP, is a nationally recognized trial firm that handles cases across the country for individuals who have suffered catastrophic injuries or have died as a result of irresponsible conduct of others.
