Thomas v. Mallet

2005

Court: WI Supreme Court

Facts: Thomas gets lead poisoning

Posture: Wants to sue pigment manufacturers, along with others. Can't identify the specific pigment manufacturer, though. Appeal presumably from summary judgment in favor of defendants.

Issue: Can this go to trial?

Holding: Yes.

Rule: Article 1, Section 9 of Wis. Const.: law provides remedy for all injuries.

Reasoning: Lots of facts that make lead paint manufacturers look bad: hiding the risks of their products, etc.

Dicta: Dissent: bad facts make bad law. Also, this will drive business away.