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Appeals court says asbestos case wrongly dismissed

MADISON, Wis. (AP) — A Wisconsin appeals court says a case brought on behalf of a worker who died as a result of asbestos exposure was wrongly dismissed.

The 1st District Court of Appeals on Friday ordered a trial in the case, saying the lawsuit properly alleges a negligence claim against Wisconsin Electric Power Co., which now does business as We Energies.

Robert Viola worked as an insulator or “pipe coverer” from the mid-1950s through the early 1980s. Some of the projects where he worked were at properties owned by Wisconsin Electric.

During that work he was exposed to asbestos dust. Viola died from cancer in 2009.

The power company argued because Viola performed some of the work releasing the asbestos dust, he can’t collect damages. The appeals court disagreed and ordered a trial.

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