Facts

Plaintiff John Panza Jr., a 40-year-old English professor filed a suit claiming he 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. Plaintiff'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. John Panza Sr. coached plaintiff's baseball league and plaintiff also helped sort and wash his father's dusty laundry.

Plaintiff was diagnosed with mesothelioma in 2012. 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.

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed that defendant caused plaintiff's mesothelioma. Defendant did not provide any warnings about potential hazards of their product. As a result of his mesothelioma, plaintiff will continue to accrue medical bills.

Injuries

Plaintiff claimed he has had to step back from many of his roles due to his mesothelioma. Plaintiff also claimed that he and his wife had hoped for more children, but the medication for plaintiff's cancer prevents that from happening. Plaintiff also claimed that as a result of the illness, his subsequent death would result in loss of future wages.

Result

The jury awarded plaintiff $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 against Kelsey-Hayes Company, successor to National Friction Products Corp. Kelsey-Hayes, the only defendant at verdict, was found 60 percent liable.

Other Information

By statutory law in Ohio, Eaton Airflex, John Panza Sr.'s former employer, was immune from suit by John and Jane Panza. Nonetheless, the jury was allowed to consider whether Eaton was at fault and they determined that Eaton bore 40 percent of the responsibility. Eaton will not be required to pay any portion of the award. There will be a second trial to determine whether punitive damages should be awarded and the amount. The punitives trial is set for Feb. 5, 2014. FILING DATE: Aug. 7, 2012.

Deliberation

4.5 hours

Length

11 days