2008AP170 Tatera v. FMC Corp.

By: dmc-admin//May 18, 2009//

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Torts
Negligence; suppliers

A supplier of products containing asbestos can be liable in negligence, even though it is not the manufacturer of the product.
“Here, FMC provided friction brake linings to B&M for grinding. Although FMC did not manufacture the friction brake linings, it is uncontroverted that they supplied them to B&M, intending that B&M would work on them. Nothing in Restatement (Second) of Torts § 388 itself or Wisconsin case law limits the applicability of the rule only to those who manufacture the property. We conclude that FMC was a ‘supplier’ under § 388, and the trial court erred in ruling otherwise.”
Affirmed in part, and Reversed in part.
Recommended for publication in the official reports.

2008AP170 Tatera v. FMC Corp.

Dist. I, Milwaukee County, Dugan, J., Brennan, J.

Attorneys: For Appellant: Penn, Steven, Racine; Rakauski, Jill A., Racine; For Respondent: Des Rochers, Mark S., Appleton

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