Torts — product liability – asbestos — causation

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Wisconsin Court of Appeals

Civil

Torts — product liability – asbestos — causation

Pneumo Abex, LLC, appeals from a judgment entered after a jury found that Abex negligently exposed John Pender to asbestos and that Abex’s negligence was a substantial factor in causing Pender’s injury and death.

Catherine Singer, Pender’s daughter and special administrator for his estate, was subsequently awarded almost $1.5 million in damages and statutory costs.

Abex’s arguments on appeal are numerous. It submits that the trial court erred when it: (1) denied Abex’s motion for summary judgment; (2) denied Abex’s motion for judgment notwithstanding the verdict; (3) failed to instruct the jury on Abex’s sophisticated-user defense; (4) failed to instruct the jury on Pender’s employer’s duty; (5) denied Abex’s motion for a directed verdict; (6) permitted Singer to state a strict-products-liability claim; and (7) excluded Abex’s expert testimony. Because we conclude that the trial court erred in denying Abex’s motion for summary judgment, we need not address the remainder of its claims. See State v. Blalock, 150 Wis. 2d 688, 703, 442 N.W.2d 514 (Ct. App. 1989) (We decide cases on the narrowest possible ground.). Not recommended for publication in the official reports.

2010AP2614 Singer, et al. v. Pneumo Abex LLC, et al.

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

Attorneys: For Appellant: Williamson, Brady C., Jr., Madison; Johanningmeier, Josh, Madison; Cahill, Bryan J., Madison; For Respondent: McCoy, Robert G., Chicago, IL; Freilich, Jonathan, Chicago, IL; Doolittle, Paul J., Mount Pleasant, SC