Summary
The Wisconsin Supreme Court addresses whether Pabst Brewing Company may be held liable under Wisconsin’s safe-place statute for asbestos exposure suffered by an independent contractor’s employee. The court holds that the common-law rule shielding principal employers does not bar a safe-place claim, and that sufficient evidence supported submitting liability and punitive damages to the jury. The court also concludes that the court of appeals misapplied the statutory cap on punitive damages, affirming in part and reversing in part.
Court
Supreme Court of Wisconsin
Jurisdiction
Wisconsin Supreme Court
Decision date
April 15, 2026
Docket number
2022AP723
Disposition
other
Questions Presented
- Whether Pabst could be held liable under Wisconsin's safe-place statute for injuries to an employee of an independent contractor working at Pabst's brewery.
- Whether the evidence was sufficient to submit punitive damages to the jury under Wisconsin Statutes section 895.043(3).
- How Wisconsin Statutes section 895.043(6) limits punitive damages when compensatory damages are apportioned among the defendant and nonparty alleged tortfeasors.
- Whether Pabst's appeal from the denial of summary judgment was properly before the court after final judgment.
Holdings
- A principal employer's common-law rule against liability for injuries to an independent contractor's employee does not bar a claim under Wisconsin's safe-place statute. An owner may be liable where it retains sufficient control over the work location and a reasonable jury could find an unsafe condition, such as airborne asbestos, that the owner knew about and failed to correct.
- The evidence was sufficient to submit punitive damages to the jury because a reasonable jury could find by clear and convincing evidence that Pabst intentionally disregarded Lorbiecki's rights. An affirmative act is not required; a deliberate failure to act may satisfy the statutory standard when the defendant had a duty to act and was aware that its conduct was substantially certain to result in disregard of the plaintiff's rights.
- Under Wisconsin Statutes section 895.043(6), 'the amount of any compensatory damages recovered by the plaintiff' means only compensatory damages the plaintiff is legally entitled to receive after obtaining a judgment, not compensatory damages attributed to nonparty alleged tortfeasors. Because Pabst was the only defendant against whom judgment could be entered, punitive damages were capped at twice the compensatory damages recoverable from Pabst, or $4,657,937.38.
- Wisconsin Statutes section 809.10(4) brings prior nonfinal judgments, orders, and rulings adverse to the appellant before the appellate court on appeal from a final judgment, including an order denying summary judgment.
Court Document
Open PDFLoading document…