Pecher v. Owens-Illinois, Inc.

Dist. Ct. did not err in dismissing plaintiffs’ negligence claims against defendant-patent holder of fire door that was manufactured by another defendant at Wisconsin plant, where plaintiffs, who were employees at said plant, alleged that they developed mesothelioma through their exposure to asbestos used in manufacture of said doors. Plaintiffs’ status as employees normally would preclude their claims against defendant-manufacturer due to Wisconsin’s Worker’s Compensation Act. Moreover, although plaintiffs attempted to get around said Act by pleading that their mesothelioma was caused by exposure to asbestos that had emanated from plant into their community, Dist. Ct. could properly find that plaintiffs failed to put forth sufficient evidence to conclude that non-occupational asbestos exposure was substantial contributor to their injuries where they had been exposed to asbestos during their employment at said plant. Ct. also noted that plaintiffs had dismissed with prejudice their claims against defendant-patent holder, and that in any event their claims against said defendant were frivolous since plaintiffs’ injuries could only have been caused by defendant-manufacturer’s choice to use asbestos as non-essential component of said doors.