Legal Opinion · Dissent
Thomas Ex Rel. Gramling v. Mallett
Wisconsin Supreme Court
Decided July 15, 2005No. 2003AP1528Published
1Dissent
*328JON E WILCOX, J.
¶ 177. (dissenting). It is often said that bad facts make bad law. Today's decision epitomizes that ancient legal axiom. The end result of the majority opinion is that the defendants, lead pigment manufacturers, can be held liable for a product they may or may not have produced, which may or may not have caused the plaintiffs injuries, based on conduct that may have occurred over 100 years ago when some of the defendants were not even part of the relevant market. Even though the injury in this case is tragic, the plaintiff cannot demonstrate that he was lead poisoned as a…
2Cases cited42 opinions
- Hymowitz v. Eli Lilly & Co.New York Court of Appeals · 1989
- Zafft v. Eli Lilly & Co.Supreme Court of Missouri · 1984
- Collins v. Eli Lilly & Co.Wisconsin Supreme Court · 1984
- Benjamin H. Blackston, Wilmer L. Ring, John N. Turner, James N. Tanksley and Foster G. Hickox v. Shook and Fletcher Insulation Co., Ac & S, Inc.Court of Appeals for the Eleventh Circuit · 1985
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
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