Summary Judgment – Construction Statute of Repose

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WI Court of Appeals – District I

Case Name: Sandra Brezonick v. A.W. Chesteron Company

Case No.: 2014AP2775

Officials: Curley, P.J., Brennan, J., and Daniel L. LaRocque, Reserve Judge.

Practice Area: Summary Judgment – Construction Statute of Repose  

Sandra Brezonick appeals the summary judgment order dismissing her claims against Pabst Brewing Company, Miller Brewing Company, Wisconsin Electric Power Company (“WEPCO”), and Sprinkmann Sons Corporation, as well as those defendants’ relevant insurers (collectively “the Defendants”). She claims the Defendants, in varying ways, are liable for exposing her husband John Brezonick to asbestos, which she asserts led to the development of John’s mesothelioma and eventually his death. Following motions for summary judgment, the circuit court dismissed Sandra’s claims against the Defendants, concluding that those claims were barred by the construction statute of repose, WIS. STAT. § 893.89 (2013-14). Sandra claims that WIS. STAT. § 893.89 does not bar her claims against the Defendants because she believes: (1) the undisputed evidence shows that John’s injuries arose from maintenance and repair work, rather than work making improvements to real property; (2) airborne asbestos is not a “deficiency or defect” in construction of an improvement to real property; (3) § 893.89(4), the “maintenance exception” to the construction statute of repose, exempts the premises owners—that is, Pabst, Miller, and WEPCO—from protection from liability; and (4) § 893.89 is unconstitutional as applied to Sandra. We conclude that the circuit court erred in determining that Sandra’s claims are barred by the construction statute of repose because the record reveals that all of the Defendants here failed in their burden of showing that John’s injuries arose from work intended to make improvements to real property. As such, we reverse the circuit court’s grant of summary judgment and remand this case back to the circuit court for further proceeding.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.