Pabst Liable for Asbestos Death in Landmark Wisconsin Ruling

MILWAUKEE, WI – April 15, 2026 – The Wisconsin Supreme Court has delivered a decisive final word in a years-long legal battle, affirming that Pabst Brewing Co. can be held liable for the asbestos-related death of a contractor who worked at its former Milwaukee brewery decades ago. The ruling solidifies a significant legal precedent, strengthening the state's workplace safety laws and reinforcing that a company’s duty to provide a safe environment extends to all workers on its premises, not just its own employees.

The decision is a landmark victory for the family of Gerald “Jerry” Lorbiecki, a steamfitter who died from mesothelioma, an aggressive cancer caused almost exclusively by asbestos exposure. Lorbiecki worked at the Pabst facility as an employee of an independent contractor during the 1970s, where he was unknowingly exposed to the toxic fibers that would ultimately claim his life.

“This decision builds on what both the jury and the appellate court already recognized: Pabst knew about the dangers of asbestos exposure in its facility and failed to act,” said Jonathan Holder, an attorney from Dean Omar Branham Shirley, which represents the Lorbiecki family. “The Wisconsin Supreme Court has now made clear that companies cannot avoid responsibility for unsafe conditions simply because the work is performed by contractors.”

A Family's Fight for Justice

For the Lorbiecki family, the Supreme Court's decision marks the culmination of a painful and protracted fight for accountability. Gerald Lorbiecki’s work as a steamfitter required him to handle asbestos-laden materials used for insulation on pipes and boilers throughout the sprawling Pabst brewery. Mesothelioma has a notoriously long latency period, often taking 20 to 50 years to develop after initial exposure. Decades after his work at the brewery, Lorbiecki was diagnosed with the devastating disease, leading his family to seek justice through the courts.

A Milwaukee County Circuit Court jury first found Pabst negligent in 2021, awarding the family compensatory and punitive damages. The legal journey, however, continued through the appellate system as Pabst challenged the verdict, arguing it was not responsible for the safety of an independent contractor's employee. The case, Carol Lorbiecki, Individually, and as Personal Representative of the Estate of Gerald Lorbiecki vs. Air & Liquid Systems Corporation, et al., became a closely watched test of corporate responsibility in Wisconsin.

“We’re grateful this ruling brings continued recognition to the Lorbiecki family’s loss,” Mr. Holder stated, acknowledging the personal toll the litigation has taken on the family.

Reinforcing the 'Safe Place' Doctrine

At the heart of the Supreme Court's ruling is Wisconsin's Safe Place Act (Wis. Stat. § 101.11), a statute that imposes a heightened, non-delegable duty of care on property owners and employers to maintain a safe environment. Pabst’s central argument was that this duty did not extend to Lorbiecki because he was employed by a third-party contractor hired to perform specific work.

The court’s majority opinion rejected this defense. It reasoned that as the owner of the premises, Pabst maintained significant control over the workplace conditions and was aware of the pervasive asbestos hazards. The law protects all “frequenters”—a legal term that includes contractors—who are on the premises. The decision clarifies that a property owner who knows about a latent danger cannot simply look the other way when contractors are brought on-site to work in that hazardous environment.

Justices Annette Ziegler and Rebecca Bradley issued a dissenting opinion, arguing that the majority had misinterpreted the law. They contended that the hazard was created by the work Lorbiecki himself was performing—the removal of asbestos insulation—and that liability should therefore not fall on the property owner. However, the majority view prevailed, setting a powerful precedent for future cases involving contractor safety in Wisconsin.

Evidence of Corporate Knowledge

Crucial to the Lorbiecki family’s case was evidence demonstrating that Pabst was not only aware of asbestos dangers but had been for years. During the trial, attorneys for the family presented a damning 1986 OSHA violation that cited the company for crumbling asbestos found in the workers’ lunchroom. This suggested that exposure was not limited to active work areas but was a constant, ambient threat, even during breaks.

Furthermore, evidence surfaced of an internal Pabst memorandum from June 1971—years before Lorbiecki’s work there—that summarized new OSHA regulations and specifically identified asbestosis as a known occupational illness. This directly contradicted the defense’s trial claims that company officials in the 1970s were focused on brewing literature, not safety manuals, and were unaware of the specific risks posed by asbestos.

The initial 2021 trial resulted in a $26.5 million award, including $20 million in punitive damages intended to punish Pabst for its negligence. While the Supreme Court upheld Pabst's liability, it did adjust the financial penalty. It ruled that punitive damages should be calculated based only on Pabst's portion of the compensatory damages, reducing the punitive award to $4.6 million and bringing the company's total liability to approximately $7 million.

Broader Implications for Industrial America

The Pabst ruling reverberates far beyond the now-shuttered Milwaukee brewery, which closed in 1996. The company now operates as a holding company based in San Antonio, but its legacy liabilities remain. The decision sends a clear message to industrial companies across Wisconsin and the nation, particularly those with aging facilities built during the peak of asbestos use. It underscores that historical negligence is not easily shed and that the legal responsibility for a safe workplace is broad and encompassing.

This case is reflective of broader trends in asbestos litigation, which remains the longest-running mass tort in U.S. history. Juries continue to award significant verdicts, and plaintiffs are increasingly successful in holding property owners, not just material manufacturers, accountable for exposure. The Lorbiecki decision reinforces this trend, making it more difficult for companies to use contractual arrangements to shield themselves from liability for known hazards on their property.

For countless workers and their families affected by occupational diseases, the Wisconsin Supreme Court’s decision is a validation of the fundamental right to a safe workplace, a right that this ruling affirms belongs to everyone who steps onto a job site.