Wis. Supreme Court Reverses Judgment, Throws Out Negligence Claims

MADISON, Wis. -- The Wisconsin Supreme Court has thrown out negligence claims in an asbestos case, ruling that the plaintiffs had not established that their claims fell under one of two exceptions to the rule that a principal employer is not generally liable for injuries sustained by an independent contractor's employees. Tatera, et al. v. FMC Corp., et al., No. 2008AP170 (Wis. Sup. Ct.).

In the July 20 opinion, the high court opined that the defendant's conduct "did not constitute an affirmative act of negligence," and further that machining asbestos-containing friction disks was not an extrahazardous activity.

The plaintiffs asserted …