Wisconsin’s Court of Appeals today released Tatera v. FMC Corp., 2008AP170. This asbestos lawsuit relates to the wrongful death of the plaintiff’s decedent who died of malignant mesothelioma. The widow asserted that the malignant mesothelioma was caused by exposure to asbestos that took place while the decedent worked in a machine shop. The decedent had worked with friction brake materials and his job had involved grinding brake linings made with asbestos.
FMC Corp. was a supplier of asbestos brake linings and though it did not manufacture asbestos brake linings, it was alleged to have sent over 18,000 friction lining parts to the decedent’s employer. The lawsuit asserted that FMC and asbestos brake lining manufacturers were liable for the decedent’s wrongful death from mesothelioma based on Wisconsin strict liability and negligence law. Essentially, the Wisconsin Court of Appeals held that a such supplier of asbestos products could not be held strictly liable, but could be found negligent in causing the death from mesothelioma.
Asbestos trusts are the topic of a recent law firm’s national t.v. commercial I saw on CNN and Secrecy of asbestos trusts basically explains why that is. The bottom line for the asbestos victim suffering from mesotheliom or asbestosis is that you should find a lawyer or law firm in your state, here it’s Wisconsin, that works with the asbestos trusts.
The system is set up in a way such that it is essentially impossible for an asbestos victim to actually file their own claim against asbestos trusts. It’s likely easier to handle your own medical malpractice trial. In fact, it’s so difficult to make a claim against the asbestos trusts that most personal injury lawyers will not handle cases against asbestos trusts, which is why my law firm often receives referrals from other lawyers of clients suffering from mesotheliom or asbestosis.
If you are looking within Wisconsin to make a claim related to asbestos-related disease and potentially Wisconsin asbestos companies or the asbestos trusts, then contact us. Do similarly, if you want to find a lawyer out of state to make claim against asbestos companies or the asbestos trusts.