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Wis. high court upholds asbestos verdict against Pabst - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Wis. high court upholds asbestos verdict against Pabst by Louise Esola Asbestos & Environmental , Claims Disputes , Workers Comp Coverage , Workplace Safety Apr 17, 2026 A brewery worker’s estate may pursue a negligence claim under Wisconsin’s safe-place law over asbestos exposure at a former Pabst Brewing Co. facility, but punitive damages must be capped at twice the compensatory damages recoverable from Pabst, the Wisconsin Supreme Court ruled Wednesday. In a split decision, the court held that Pabst was not entitled to judgment as a matter of law in a suit brought by the estate of Gerald Lorbiecki, a steamfitter who developed mesothelioma after working at the company’s brewery in the 1970s while employed by an independent contractor. The jury had found Pabst liable for violating Wisconsin’s safe-place statute, which imposes a heightened duty on owners to maintain safe workplaces, and awarded compensatory and punitive damages. The high court said the claim was not barred simply because Mr. Lorbiecki was employed by an independent contractor. The justices said the safe-place statute can extend to “frequenters,” including contractor employees, and that a reasonable jury could find Pabst retained sufficient control over the work area and failed to address an unsafe condition associated with airborne asbestos. According to the opinion, evidence showed the brewery contained extensive asbestos-insulated piping and that Pabst knew for years that airborne asbestos posed serious health risks. Testimony indicated pipe work at the facility involved chipping away insulation, causing asbestos dust to become airborne, while Pabst allegedly failed to require adequate protections or undertake asbestos remediation until much later. The court also upheld submission of punitive damages to the jury, finding sufficient evidence that Pabst could have been aware its conduct was substantially certain to disregard workers’ rights. The opinion pointed to evidence that the company knew of asbestos dangers, continued purchasing asbestos insulation, failed to warn workers and was later cited by OSHA over broken asbestos insulation in the brewery. But the court sided with Pabst on the calculation of punitive damages. While the jury awarded $20 million in punitive damages, the justices said Wisconsin law caps punitive damages at twice the amount of compensatory damages the plaintiff can actually recover from the defendant. Because Pabst was responsible for about $2.33 million in recoverable compensatory damages, punitive damages were limited to about $4.66 million. The ruling affirmed in part and reversed in part a court of appeals decision. 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