What the Pabst Asbestos Ruling Means for Mesothelioma Patients
Legislation & Litigation
Written by Amy Edel | Edited by Walter Pacheco
Pabst Brewing Company petitioned Wisconsin’s highest court to review the Court of Appeals’ decision in favor of the plaintiff. The Court of Appeals had itself been reviewing the original Milwaukee County Circuit Court judgment against Pabst. The Supreme Court affirmed the judgment that Pabst was responsible for the asbestos exposure that caused Gerald Lorbiecki’s mesothelioma.
Much of the coverage of the Wisconsin Supreme Court’s ruling focuses on the recalculation and reduction of punitive damages from $11 million to $4.6 million. The jury had actually awarded $20 million, but both courts applied a legal cap and disagreed on how to calculate it. This has left many mesothelioma patients and their families wondering how this decision could affect their own mesothelioma lawsuits pursuing compensation.
As Patient Advocate Danielle DiPietro notes, “For someone facing mesothelioma, any news that sheds light on potential causes, responsibility or avenues for support can feel deeply personal and significant.” She recently hosted an episode of the podcast, After Exposure: Asbestos & Mesothelioma Stories, on litigation focusing on asbestos-contaminated talc, J&J on Trial: The Talc Litigation Story, and knows how lawsuit headlines can affect survivors and their loved ones.
“Don’t let headlines about reduced verdicts discourage you,” Danille advises. “These often involve punitive damages, while the compensatory damages that cover medical expenses, lost wages and pain and suffering typically remain intact, affirming the core victory of holding companies accountable. Your legal team remains dedicated to securing the comprehensive justice and financial support you and your family deserve.”
The Supreme Court’s decision addressed three distinct legal questions, each with potential implications for patients pursuing mesothelioma compensation. The full picture is more nuanced than some of the headlines suggest.
Pabst Held Responsible for Asbestos Exposure of a Contract Worker
When Gerald Lorbiecki worked as a steamfitter at Pabst’s Milwaukee brewery in the mid-1970s, he was hired through an independent contractor. While not a direct employee of the company, he was cutting out and replacing Pabst’s asbestos-insulated pipes, work that sent asbestos dust into the air. The Wisconsin Supreme Court ultimately ruled that being a contractor rather than a direct hire didn’t absolve the company of responsibility for his asbestos exposure.
Under Wisconsin’s safe-place statute, the court held that a workplace owner has a duty to keep that place safe for everyone on the premises. Pabst knew its pipes were wrapped in asbestos. And the company knew workers would be at risk of inhaling asbestos fibers when materials were disturbed in the course of their jobs, but failed to take adequate steps to protect them.
Founded in Milwaukee in 1844, at its peak Pabst Brewing Company employed approximately 5,000 workers. Through much of its history, asbestos was heavily used throughout its facilities. With thousands of workers on site across decades of operation, the potential scope of asbestos exposure is significant.
Lorbiecki filed suit against Pabst in 2017 before his death from mesothelioma. His wife Carol then became the plaintiff and personal representative of his estate. After her death during the appeals process, their son Scott became the plaintiff in the case before the Wisconsin Supreme Court.
For mesothelioma patients and their families, the ruling for Scott Lorbieki and his family carries weight beyond Wisconsin. This ruling may influence how similar cases are argued and decided for mesothelioma survivors and their families in the U.S.
Compensatory Damages Intact, Punitive Damages Sustained on Review
Pabst challenged its asbestos liability at every stage of this case. If this argument had been successful, it would have eliminated the compensatory damages covering medical expenses, lost wages, and pain and suffering. But at the circuit court, Court of Appeals and Wisconsin Supreme Court the compensatory damages awarded to the Lorbiecki family were consistently upheld.
The brewing company also challenged whether punitive damages should have been awarded. Its defense team contested the claim that there was deliberate, knowing disregard for safety that Wisconsin law requires for punitive damages to apply. Each court that reviewed Pabst’s argument disagreed. The Wisconsin Supreme Court ruled Pabst’s conduct met that higher standard.
Punitive damages are essentially a legal punishment for a company’s conduct considered egregious enough to warrant consequences beyond simply paying for the harm caused. The court’s affirmation that punitive damages were warranted is significant.
What the courts did debate was how the punitive damages were calculated. Where the Supreme Court parted ways with the Court of Appeals was in determining the baseline and applicable caps on the total amount.
Punitive Damages Were Capped, But Millions Still Awarded
The jury that heard Gerald Lorbiecki’s case awarded $20 million in punitive damages against Pabst. But under Wisconsin law, punitive damages can’t be more than double the compensatory damages. The recalculation, therefore, wasn’t a finding that Pabst’s conduct was less serious than the jury determined. It was a mathematical detail that needed to be addressed because the total number of defendants in the case changed.
In mesothelioma lawsuits, juries assign a percentage of responsibility to each defendant. In Lorbiecki’s case, 5 companies were initially defendants and the jury divided responsibility across all of them. The Court of Appeals based the punitive damages cap on the full compensatory damages of $5.5 million, making the cap roughly $11 million.
The Wisconsin Supreme Court calculated the total exclusively on Pabst’s portion of $2.3 million, making the cap $4.66 million. The total judgment of compensatory and punitive damages against Pabst the Lorbiecki family is entitled to stands at $6,986,906.07.
For mesothelioma patients following this case, the recalculation is a technical legal distinction that doesn’t change the core outcome. Pabst was held responsible. Punitive damages were affirmed. And Gerald Lorbiecki’s family is entitled to nearly $7 million in total damages.
