Jury Could Infer Products Caused Lung Cancer, Court Reverses Dismissal

MILWAUKEE -- An award of summary judgment to an asbestos supplier was reversed after a Wisconsin appellate court determined that a jury could reasonably find the defendant's products caused the decedent's lung cancer. Horak, et al. v. Building Services Industrial Sales Co., et al., No. 2007AP735 (Wis. Ct. App.).

Although no direct evidence of use was present in the record, the Wisconsin Court of Appeals found on Feb. 20, in part, that because the sale of asbestos to the decedent's employer was uncontested, it passed the summary judgment test.

Cindy Horak asserted the claims on behalf of the estate of …