Wisconsin’s highest court ruled Wednesday that Pabst Brewing Co. owes millions in damages to the survivors of a worker employed by a second company who died from a cancer related to asbestos in the Pabst brewery in Milwaukee.

The deceased employee — a steamfitter hired to remove asbestos insulation from piping in the facility — worked for an independent contractor, not directly for Pabst.

But Pabst  was sufficiently aware of the dangers of asbestos on its premises to be held responsible under Wisconsin’s workplace safety law, known as the safe place statute, Wisconsin Supreme Court Justice Rebecca Dallet wrote in the 5-2 decision. The ruling upheld the circuit court’s award of nearly $7 million to the estate of steamfitter Gerald Lorbiecki.

“As the owner of the brewery, Pabst owed a non-delegable duty under the safe-place statute to frequenters on the premises, a category that includes employees of independent contractors like Lorbiecki,” wrote Dallet. She was joined by Chief Justice Jill Karofsky and Justices Brian Hagedorn, Janet Protasiewicz and Susan Crawford.

Lawyers for Pabst had argued that the brewery wasn’t responsible for the hazard because Lorbiecki’s employer had directed the work, not Pabst. In a dissent, Justices Annette Ziegler and Rebecca Bradley agreed, writing that the Court majority “fails to correctly analyze the law regarding a building owner’s liability to an independent contractor’s employee.”

The asbestos only became a hazard because of the work that Lorbiecki and his coworkers were doing, Ziegler argued.

The repair work took place during the mid-1970s, according to the ruling. “At the Pabst brewery, steamfitters cut out existing insulated pipes and replaced them,” Dallet wrote — a procedure that involved “thousands of pounds of insulation” that would be torn off “many miles” of asbestos-insulated pipe, according to circuit court testimony.  The brewery closed in 1996.

Lorbiecki developed mesothelioma in 2017 and sued Pabst and several other contractors and businesses. After he died his widow and his estate took over as the plaintiffs. His widow later died and their son assumed that role.

By the time the case went to trial, claims against the other companies, including Lorbiecki’s employer, had been dismissed, leaving only Pabst.

Pabst asked the lower court to throw out the case on several grounds, including that Lorbiecki worked for an independent contractor rather than Pabst.

The judge denied the company’s summary judgment petition. The jury awarded $6.5 million for Lorbiecki’s injuries and illness. Jurors also awarded $20 million in punitive damages.

Under state law, a portion of the compensatory damages were capped. State law also caps punitive damages at twice the amount of compensatory damages.

After calculating that Pabst was responsible for 42% of the compensatory damages, the judge calculated the total award at $6,986,906, including $4,657,937 in punitive damages.

The Wisconsin 2nd District Appeals Court in Milwaukee held in a May 2024 decision that the punitive damages should be calculated based on the total amount of compensatory damages — $5.5 million — not just the portion applied to Pabst. That would result in punitive damages of more than $11 million.

The Supreme Court ruling Wednesday reversed that portion of the appeals court ruling, however. Punitive damages in the case should reflect only Pabst’s portion of the compensatory damages — $2.3 million — Dallet wrote, yielding the punitive damages as the lower court originally calculated them.

Massachusetts parents are among those nationwide breathing easier after First Student and the Teamsters reached a tentative agreement, averting a nationwide school bus driver strike.

The labor deal was announced Tuesday ahead of a contract deadline and after two days of bargaining meetings.

Last week, union members voted to authorize a strike if negotiations completely broke down. The Teamsters represents more than 17,000 First Student school bus drivers nationwide, including those serving multiple districts in Massachusetts.

Union leaders said the agreement came after workers signaled they were prepared to walk off the job if necessary. The hang up had been benefits and time off. The tentative agreement is providing sronger retirement benefits, improved access to health care benefits, and robust contractual protections for all members, according to the Teamsters.

“First Student Teamsters were unified and prepared to take on this company nationwide,” Teamsters General President Sean O’Brien said in a statement. “Our solidarity forced real movement at the bargaining table, and we delivered a contract in the 11th hour that honors the critical work our members do every day.”

According to the union, the tentative labor deal establishes a national framework for wages and benefits, including stronger retirement plans, improved access to health care and enhanced contractual protections. Local unions will continue negotiating additional terms, and members are expected to vote on the agreement in the coming weeks.

“This tentative agreement is the direct result of members standing shoulder to shoulder and refusing to settle for less,” said Matt Taibi, director of the Teamsters Passenger Transportation Division. “Workers showed the company they were prepared to strike if necessary, and that solidarity made the difference at the bargaining table.”

First Student confirmed the agreement in a statement to STN, calling it “a tentative agreement on a new, fair National Master First Student Agreement.” The company said the proposal will now move through the union’s ratification process with the bargaining team’s full support.

“There has been no disruption to service, and we will continue to operate as normal,” a company spokesperson said. “We appreciate the professionalism and engagement of everyone involved in reaching this milestone.”

The agreement eases concerns for families who rely on school bus service. In Massachusetts, parents had expressed concern that a strike would create significant challenges for working households with limited transportation options.

Labor Deal Avoids Parental, School Disruptions

First Student provides transportation services for several school districts across the state, among the hundreds in 40 other states. Many communities depend heavily on the company’s drivers to maintain daily school bus and classroom operations. A disruption in service could have forced families to make last-minute arrangements or keep students at home.

School officials had also warned through local news reports that even the threat of a strike added strain to an already tight transportation system. In Wayland, Superintendent David Fleishman pointed to an ongoing shortage of drivers.

“It’s challenging when there is not a strike,” Fleishman said. “We are hopeful this will be settled since kids need to be in school and school needs to be open.”

Transportation shortages have affected some districts in recent years, with fewer drivers available to cover routes. Officials said a strike would have further complicated efforts to ensure students arrive safely and on time.

Related: School Bus Strike in Connecticut Ends
Related: Iowa Bus Driver Fighting for Improved Wages, Benefits
Related: Massachusetts School Bus Contractor Sued After Driver Accused of Striking Pedestrians
Related: Massachusetts Governor Calls in National Guard Troops as School Bus Drivers

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