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Mesothelioma lawsuit reinstated against brake manufacturer

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A Wisconsin court has reinstated a mesothelioma lawsuit against FMC Corp., the supplier of asbestos-containing brake parts.

After Walter Tatera, a machine shop worker who ground asbestos-containing brake linings, died of mesothelioma in 2004, the District 1 Court of Appeals held that Mr. Tatera’s widow has the right to sue the supplier of the linings for failing to warn that the parts contained asbestos and were dangerous.

While the trial court held that the Tatera family had not presented any evidence that would support a liability claim, the court held that the family would be permitted to go on trial on the claim that the brake manufacturer was negligent in failing to warn of the asbestos hazard.

However, the court determined that a strict liability claim did not apply to the case. Wisconsin law holds a seller strictly liable for the injuries that its product causes to a consumer, but in this case, Mr. Tatera was hurt by the work he did on a component part instead of a final product. Because the brake manufacturer was not a “seller” in the context of Mr. Tatera’s exposure and Mr. Tatera was not a “consumer” of a “product,” the manufacturer could not be held strictly liable regardless of fault.

However, the manufacturer could still be held responsible if the Tatera family proves fault: (1) that the manufacturer knew or should have known that grinding the asbestos linings was dangerous, but (2) the manufacturer failed to warn Mr. Tatera, and (3) the manufacturer’s failure to warn Mr. Tatera caused him to be exposed to asbestos and develop mesothelioma, which caused his death.

Mesothelioma is a form of cancer that has been intimately linked to asbestos exposure and can take decades to diagnose accurately.

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