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LITIGATIONRESULTS - Whyte Hirschboeck Dudek SC

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WHD Obtains Directed Verdict<br />

at Close of Plaintiffs’ Evidence<br />

laffey<br />

THOMAS PAGELS<br />

WHD obtained a directed verdict at the close of the plaintiffs’ case for its client,<br />

a pass-through supplier of asbestos-containing pipe insulation. The plaintiffs<br />

argued that the decedent, the wife of a school custodian, was exposed to<br />

asbestos-containing products through laundering her husband’s work clothes.<br />

The case was tried to a judge who was new to the civil bench. Over seven days<br />

of trial, the plaintiffs argued that they were entitled to have their case decided<br />

by a jury, despite WHD’s presentation of school records that demonstrated that<br />

if the custodian was exposed to asbestos, the schools had not specified and<br />

used a product that WHD’s client did not sell. WHD argued that because the<br />

plaintiffs had not produced any credible evidence of the decendent’s exposure<br />

to its client’s products, it should be dismissed. The trial court agreed, dismissing<br />

the entire case and granting judgment in favor of the supplier.<br />

Litigation Type: Toxic tort litigation, product liability litigation<br />

Court: Milwaukee County Circuit Court<br />

Lead WHD Counsel: Jack Laffey and Sarah Thomas Pagels<br />

Principal WHD Team Members: Jack Laffey, Sarah Thomas Pagels,<br />

Tammy Klein (paralegal)<br />

Practice Areas Involved: Toxic Tort Litigation & Consultation<br />

LITIGATION RESULTS 29

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