The widow of a man who died from the asbestos related cancer mesothelioma will be able to pursue her lawsuit against a supplier who dealt with asbestos brake parts after an appellate court reinstated her lawsuit, which had recently been dismissed by a lower court due to lack of evidence against the defendant company.
Machine shop worker, Walter Tatera, used to work with asbestos brake linings for automobiles. In 2004 he died from the cancer known as mesothelioma, which is directly linked to long term and high level exposure to asbestos. His widow then filed a lawsuit against the supplier of the brake parts, FMC Corp.
However, a trial court had concluded that Tatera’s widow had not provided sufficient evidence to support her claim against the manufacturer, and to a degree the Wisconsin appellate court agreed with the issue relating to evidence. However, it did decide that the case could go to trial on the basis that the supplier had failed to give adequate warning about the dangers of exposure to the asbestos in its product.
Mr Tatera had worked in his father’s workshop from the middle of the 1960s onwards, and used to grind asbestos linings for brakes in automobiles. It is claimed that the brake linings created a dust that then dispersed all around the workshop.

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