LRB-0594/1
TKK:emw&wlj
2015 - 2016 LEGISLATURE
February 4, 2016 - Introduced by Representatives Wachs, Hesselbein, Milroy,
Danou, Jorgensen, Mason, Kessler, Berceau, Goyke, Shankland, Sinicki,
Considine, Zepnick, Ohnstad, Spreitzer, Johnson, Brostoff, Pope, C.
Taylor
, Zamarripa and Subeck, cosponsored by Senators Vinehout, C. Larson
and Ringhand. Referred to Committee on Judiciary.
AB862,1,2 1An Act to repeal and recreate 802.025 (6) of the statutes; relating to: damages
2in personal injury claims involving asbestos trusts.
Analysis by the Legislative Reference Bureau
Current law establishes various requirements for a plaintiff claiming damages
in a personal injury action involving an exposure to asbestos and brought against one
or more defendants, at least one of which is an asbestos trust. Under current law,
if a verdict is entered in favor of the plaintiff in such an action and the defendant is
found to be 51 percent or more causally negligent or responsible for the plaintiff's
entire damages under Wisconsin's contributory negligence law, the plaintiff may not
collect any amount of damages until after the plaintiff assigns to the defendant all
pending, current, and future rights or claims he or she has or may have for a personal
injury claim against an asbestos trust. Current law also provides that, if a verdict
is entered in favor of the plaintiff in such an action and the defendant is found to be
less than 51 percent causally negligent or responsible for the plaintiff's entire
damages, the plaintiff may not collect any amount of damages until after the plaintiff
assigns to the defendant all future rights or claims he or she has or may have for a
personal injury claim against an asbestos trust.
This bill repeals these provisions concerning damages and the assignment of
claims and instead provides the following:
1) A defendant in a personal injury action involving asbestos exposure that is
not an asbestos trust and that is found to be causally negligent is jointly and severally
liable for the damages allowed.
2) A defendant described under item 1 may request a postjudgment hearing to
determine the total amount of payment received by the plaintiff, before the judgment

was entered against that defendant, from one or more asbestos trusts. Such a
defendant may receive a dollar-for-dollar credit for any such payment received by
the plaintiff.
3) A defendant described under item 1 may request a postjudgment hearing to
determine whether the plaintiff had any unpaid claims pending against one or more
asbestos trusts. If the court finds any such unpaid claims, the court may order the
plaintiff to assign to the defendant his or her unpaid claims only if the plaintiff will
be made whole by the judgment.
4) If a court orders an assignment under item 3, the plaintiff must work with
the defendant to obtain amounts due from each asbestos trust pursuant to the trust's
governance documents.
5) If the court orders an assignment under item 3, each claim the defendant files
pursuant to the assignment is to be treated as if the plaintiff submitted the claim.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB862,1 1Section 1. 802.025 (6) of the statutes is repealed and recreated to read:
AB862,2,42 802.025 (6) Damages. (a) Notwithstanding s. 895.045, a defendant that is not
3an asbestos trust and that is found to be causally negligent in an action subject to this
4section shall be jointly and severally liable for the damages allowed.
AB862,2,105 (b) A defendant that is jointly and severally liable under this subsection may
6request a postjudgment hearing to determine the total amount of payment the
7plaintiff received, before the judgment was entered against the defendant, from one
8or more asbestos trusts. The defendant may receive a dollar-for-dollar credit for
9payments already received by the plaintiff from the asbestos trust only if the plaintiff
10is made whole by the judgment against the defendant.
AB862,3,211 (c) A defendant that is jointly and severally liable under this subsection may
12request a postjudgment hearing to determine whether, before the judgment was
13entered against the defendant, the plaintiff had any unpaid claims pending against
14one or more asbestos trusts. The court may order the plaintiff to assign to the

1defendant his or her rights to the unpaid claims only if the plaintiff is made whole
2by the judgment against the defendant.
AB862,3,63 (d) If the court orders assignment under par. (c), the plaintiff shall cooperate
4with, and assist the defendant in, obtaining the amounts due from each asbestos
5trust, according to the distribution process provided under each asbestos trust's trust
6governance documents.
AB862,3,127 (e) If the court orders assignment under par. (c), each claim the defendant files
8pursuant to the assignment shall be treated as if the plaintiff submitted the claims
9for any purpose under the terms, conditions, and provisions of the trust claim
10procedures. Upon assignment of his or her claim under par. (c), the plaintiff is not
11responsible for any costs associated with making or providing the claim against the
12asbestos trust.
AB862,3,1313 (End)
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