By: WISCONSIN LAW JOURNAL STAFF//January 27, 2015//
Wisconsin Court of Appeals
Civil
Torts – Asbestos – statue of repose
Where the deceased’s exposure to asbestos was the result of routine maintenance rather than improvements, his estate’s personal injury claim is not barred by the builder’s statute of repose.
“Sprinkmann argues that its work at Pabst was not repairs or routine maintenance, but instead was ‘multiple installations’ of insulation over and over and because installation of insulation is an improvement to real property, it falls under the protection of the statute. We agree that the initial installation of insulation into a building or house may be considered an improvement to real property. However, that is not the situation that we have before us. Peter does not claim that Donald was exposed to asbestos from the initial installation of all the insulation on the Pabst pipes. Rather, her claim is that his injury occurred during the daily exposure when Sprinkmann’s employee performed regular maintenance and repair work to the insulation around the pipes. This is a significant and determinative factor in this case. As Peter explains, ‘[i]t is Sprinkmann’s act of disturbing the insulation during maintenance and repair activities and the failure to warn the plaintiff when disturbing that insulation which caused the harm in this case.’”
Reversed and Remanded.
Recommended for publication in the official reports.
2014AP923 Peter v. Sprinkmann Sons Corp.
Dist. I, Milwaukee County, Noonan, J., Cane, J.