STORY FROM: Asbestos
'Frivolous' Appeal Properly Assessed Costs and Fees, Affirms Wisconsin Appeals Court
December 1, 2000
MADISON, Wis. - The estate of a man who died of mesothelioma was properly assessed costs and attorneys' fees under state law for filing a "frivolous" appeal from a trial court's decision to strike an estate affidavit and grant summary judgment in favor of an asbestos defendant, the Wisconsin Court of Appeals has ruled. Stendahl v. A&M Insulation, et al., No. 99-0212 (Wis. Ct. App., Dist. 1).
The appeals court said the estate should have known that its appeal of the trial court's decision to strike the affidavit was waived when the estate failed to object in the trial court. ...