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HAASE v. BADGER MINING CORP.

No. 02-1681.

266 Wis.2d 970 (2003)

2003 WI App 192

669 N.W.2d 737

Laverne HAASE, Plaintiff-Appellant, Larry BRAATZ, Norb Braun, Fidel Castillo, Gregory Ebel, Lawrence Ferge, Leon Fuerst, Carol Guyette, Estate of Ray Guyette, David Hamilton, Floyd Hanson, Jerald Heuer, Daniel Janiak, Rick Knudsen, Wesley Kupsky, Sr., James Mohrman, James Maroney, Terry Olejnik, Robert Parry, Donald Quaintance, Delores Radtke, Estate of Marvin Radtke, Candelario Rodriguez, Dale Sittman, Alois Steger, John Stilp, William Surprise, Jacob Vertz, Richard Weber and Arthur Zinkel, Plaintiffs, v. BADGER MINING CORPORATION, Defendant-Respondent, MINE SAFETY APPLIANCES COMPANY, Minnesota Mining & Manufacturing, North Safety Products Company, The Norton Company, Textron Inc., Liberty Mutual Insurance Company, Travelers Casualty and Surety, American Optical Corporation, Dalloz Safety Inc. and Employers Insurance Company of Wausau, Defendants.

Court of Appeals of Wisconsin.

Decided August 6, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Louis L. Plotkin and Rodney P. Vincent of Gertler, Gertler, Vincent & Plotkin, LLP of New Orleans and Ronald L. Lampe and Brian Hamill of Dempsey, Williamson, Lampe, Young, Kelly & Hertel, LLP of Oshkosh. There was oral argument by Louis L. Plotkin and Ronald L. Lampe.

On behalf of the defendant-respondent Badger Mining Corporation, the cause was submitted on the brief of L. John Argento and Cathy R. Gordon of Dickie, McCamey & Chilcote, PC. of Pennsylvania and Michael J. Cohen and Steven F. Stanaszak of Meissner, Tierney, Fisher & Nichols, S.C. of Milwaukee. There was oral argument by Cathy R. Gordon.

Before Brown, Nettesheim and Snyder, JJ.

¶ 1. BROWN, J.

The factual predicate of this case mirrors that of Bergfeld v. Unimin Corp., 319 F.3d 350 (8th Cir. 2003). There, a foundry worker who had developed silicosis brought a products liability action against the supplier of silica sand that sold sand to the foundry, alleging that the supplier failed to provide the foundry and the worker with adequate information about the risks of silicosis...

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