HORAK v. BUILDING SERVICES INDUS. SALES CO.

No. 2007AP735.

750 N.W.2d 512 (2008)

2008 WI App 56

Cindy HORAK, Individually and as Special Administrator on behalf of the Estate of George Benzinger, Plaintiff-Appellant, v. BUILDING SERVICES INDUSTRIAL SALES COMPANY, Defendant-Respondent, American Standard, Inc., Bay Industries, Inc., Bay Insulation Systems, Inc., Cleaver Brooks, Inc., International Paper Company, General Electric Company, Georgia Pacific Corporation, Owens Illinois, Inc., L S Insulation Company, Inc., Metropolitan Life Insurance Company, Metso Paper USA, Inc., Oakfabco, Inc., Rapid American Corporation, Viacom, Inc., Wausau Paper Corp. and Taylor Insulation Company, Inc., Defendants, Medicare, Subrogated Defendant.

Court of Appeals of Wisconsin.

Submitted on Briefs January 31, 2008.


Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the briefs of Robert G. McCoy and Jacqueline J. Herring of Cascino Vaughan Law Offices, Chicago, Illinois.

On behalf of the respondent, the cause was submitted on the brief of John J. Laffey and Thomas Gonzalez of Whyte Hirschboeck Dudek S.C., Milwaukee.

Before BROWN, C.J., WEDEMEYER and FINE, JJ.


¶ 1 FINE, J.

Cindy Horak, individually and as the Special Administrator on behalf of the Estate of George Benzinger, appeals a summary-judgment order dismissing its complaint against Building Services Industrial Sales Company.1 Horak is Benzinger's daughter. Benzinger died from lung cancer caused in part by his exposure to asbestos. Building Services supplied asbestos material to Benzinger's employer, Jaeger Insulation Company or...

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