Forty-Year-Old English Professor Receives $27.5 Million Asbestos Award
Jury rules in favor of the plaintiff in this take-home, bystander asbestos exposure case. Household chores and hanging out with dad led to professor's mesothelioma.
- Cleveland-Lorain-Elyria, OH (1888PressRelease) December 25, 2013 - One week ago today, a Cuyahoga County jury awarded mesothelioma sufferer John Panza, Jr. and his spouse Jane Panza $27,515,000 in a take-home asbestos exposure lawsuit against Kelsey-Hayes Company, successor to National Friction Products Corp. Mr. Panza was exposed to asbestos dust that his father, John Panza, Sr., brought home on his clothing from his
work at a brake producing company, Eaton Airflex. Mr. Panza's father worked at Eaton from 1963 to 1993 in receiving and shipping department and because he was required to deliver materials all over the plant was a frequent bystander to other employees who drilled and abraded National Friction products, which released asbestos. Mr. Panza and his father were very close and were known to spend a lot of time together.
Mr. Panza, Sr. coached his son's baseball league and Mr. Panza also helped sort and wash his father's dusty laundry. The jury awarded Mr. Panza $515,000 in economic damages and $12 million in non-economic damages. His wife, Jane Panza, was awarded $15 million for loss of consortium for a total award of $27,515,000. Kelsey-Hayes, the only defendant at trial, was found 60% liable. The verdict was handed down on December 18, 2013.
By statutory law in Ohio, Eaton Airflex, the employer of Mr. Panza, Sr., was immune from suit by John and Jane Panza from the asbestos exposure brought home from the plant. Nonetheless, the jury was allowed to consider whether Eaton was at fault and they determined that they bore 40% of the responsibility. Eaton, again pursuant to the law, will not be required to pay any portion of the award and 40% of the non-economic award to the Panza's will go unpaid.
There will be a second trial at a later date set by the court with a different jury to determine whether punitive damages should be awarded and in what amount. Mr. Panza was diagnosed with mesothelioma in 2012. This is a terminal form of cancer and the only known cause in the United States is asbestos exposure. He has received several rounds of chemotherapy and radiation as well as radical surgery which resulted in the removal of one of his lungs and part of his diaphragm in an effort to prolong his life. There is no cure for mesothelioma. Mr. Panza is only 40 years old.
Gary Paul, partner at Waters, Kraus & Paul and lead trial attorney for the Panzas, said "I am so proud to represent John and his wife Jane. True justice happened today." Mr. Panza, an English professor considered to be an expert on Mary Shelley's Frankenstein, is very active in the arts and music community in Cleveland. In addition to playing in a rock band, he helped organize a program that matches musicians with bands and is board president of Heights Arts. However, he has had to step back from many of his roles due to his mesothelioma.
Mr. Panza is married to his high school sweetheart. They have a young daughter and had hoped for more children, but the medication for Mr. Panza's cancer prevents that from happening. "In my long history in asbestos litigation," said Peter Kraus, a founding partner of Waters, Kraus & Paul, "I am not sure I have seen a more compelling family than the Panzas."
About Waters, Kraus & Paul
Waters, Kraus & Paul is a national plaintiffs' law firm devoted to helping families in personal injury and wrongful death cases involving asbestos, pharmaceuticals and medical devices, and birth defects and other injuries caused by toxic chemical exposure and semiconductor chip manufacturing. We also represent plaintiffs in qui tam whistleblower matters. Our attorneys have won record-setting verdicts, negotiated monumental settlements, and established ground-breaking new law in cases involving toxic exposure and defective products. Based in Dallas, Texas, with offices in California and Maryland, Waters, Kraus & Paul has participated in the representation of families from all fifty states and many foreign countries, as well as foreign governments.
Case Fact Sheet
Case Style:
• Cause No. CV-12-789009 Panza v. Kelsey-Hayes Company, et al
• Trial length: 11 days Deliberation Length: 4.5 hours
Jurisdiction:
• Court of Common Pleas, Cuyahoga County, Ohio
• Hon. Harry A. Hanna, presiding
Verdict:
• December 18, 2013
• $27,515,000 total award:
- $515,000 economic damages
- $12M non-economic damages
- $15M loss of consortium
• Liability: Kelsey-Hayes 60%
Case Summary:
Ohio jury awards 40-year-old English professor and musician, John Panza, Jr. and with his wife $27,515,000 in an asbestos lawsuit. The jury assigned the lone defendant at trial, Kelsey-Hayes Company, successor to National Friction Products Corp., 60% liability. Mr. Panza was exposed to asbestos dust that his father, John Panza, Sr., brought home on his clothing from working at, Eaton Airflex. Mr. Panza, Sr. worked in the receiving and shipping department and was a frequent bystander to other employees who drilled and abraded National Friction products.
As a child Mr. Panza and his father were very close and spent much of their time together. Mr. Panza was diagnosed with mesothelioma in 2012. He and his wife have a young daughter and will be unable to have any more children because of Mr. Panza's asbestos cancer and treatments.
Significance:
• Verdict in a case of a 40-year-old victim of take home asbestos exposure through father's bystander exposure at work.
Plaintiffs Experts
• Susan Raterman, CIH, Industrial Hygienist (live testimony)
• John C. Maddox, M.D., Pathologist (video testimony)
• Arnold R. Brody, M.D., General Medicine (live testimony)
Defense Experts (live testimony)
• Tim D. Oury, M.D., Pathologist
• James O. Rasmuson, Ph.D., CIH, Industrial Hygienist
• James Crapo, M.D., Internal Medicine
• David Garabrant, M.D., Epidemiologist
Plaintiffs' Counsel:
• Waters, Kraus & Paul - Los Angeles, Baltimore, Dallas
Gary M. Paul (lead trial counsel), Demetrios Zacharopoulos, Thomas Kniest
• The Mismas Law Firm - Cleveland
John Mismas
Defense Counsel:
• BakerHostetler, Cleveland, Denver
Wade A. Mitchell, Edward D. Papp, Mary Price Birk
Information:
Brandy Dietz, Waters & Kraus, LLP, (800) 226-9880
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