Malignant mesothelioma is an incurable cancer caused by asbestos exposure which occurs several decades before the disease can be diagnosed. Mr. Pender was employed as a painter in the P & H Harnischfeger industrial crane factory in Milwaukee from 1952 to 1993. He was a Milwaukee resident for most of his life and before his death in May 2006 at age 75.

At Harnischfeger, brake linings were ground by an air powered grinder to fit the crane brake drums, creating clouds of dust adjacent to Mr. Pender’s work area. Multiple brake lining segments were ground each week for installation on cranes and excavation equipment. Mr. Pender also worked in the proximity of the testing of brakes with asbestos linings for newly assembled cranes as well as large operating cranes using the same brake linings.

The Honorable Dennis P. Moroney presided the case and the jury deliberated before six hours before finding Mr. Pender’s mesothelioma to be caused by exposure to dust from asbestos-containing brake linings manufactured by defendant Pneumo Abex. Pneumo Abex was attributed 85% of the responsibility for Mr. Pender’s injury and death, with P & H Harnischfeger carrying 15%.