Please ensure Javascript is enabled for purposes of website accessibility

Torts – Asbestos – statue of repose

By: WISCONSIN LAW JOURNAL STAFF//January 27, 2015//

Torts – Asbestos – statue of repose

By: WISCONSIN LAW JOURNAL STAFF//January 27, 2015//

Listen to this article

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.

Full Text

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests