Mesothelioma - Mesothelioma Asbestos Lung Cancer Information

Judge Awards $4.45 Million In Asbestos Case (CLEVELAND)

The family of Dennis Marion, a Bay Village mechanic who died of malignant mesothelioma, a fatal cancer of the lining of lungs caused by prolonged exposure to asbestos-containing products, was awarded $4.45 million by Cuyahoga County Common Pleas Judge Harry A. Hanna.

The verdict was one of the largest in an asbestos case in Ohio. The defendant in the case was Nationwide Brake and Alignment Centers, a small chain of tire and brake repair outlets in Northeast Ohio. Automobile brakes contained a substantial amount of asbestos until the mid-1970s, and in some instances, until the 1980s. Nationwide Brake and Alignment Centers initially filed an answer to the lawsuit denying the allegations. The company, however, failed to appear for trial.

As a result, Judge Hanna delivered his verdict without a jury after hearing testimony from Marion's widow Lynne, his daughter Denise and from Dr. Harvey Rosen, a retired Cleveland State University economics professor. Dr. Rosen testified as to the severe economic damages suffered by the Marion family.

Judge Hanna's verdict complements a $1.3-million mesothelioma financial settlement made earlier in the month in the same Marion family wrongful death lawsuit filed in 1998 by Michael V. Kelley, managing partner of the Cleveland law firm of Kelley & Ferraro. Twelve asbestos manufacturers and distributors, including five of the world's largest auto manufacturers, including General Motors, Ford Motor Company, DaimlerChrysler, Toyota and Nissan, all agreed to contribute to the mesothelioma financial settlement.

Marion was a brake installer and mechanic at Marzec Motors, a used-car (shop) in Cleveland, from 1964 to 1978. Nationwide Brake and Alignment Centers shared a building with Marzec Motors in the 1960s and 1970s. According to the lawsuit, Marion consulted on a daily basis with Nationwide Brake mechanics and was exposed to asbestos dust from the brake work performed by Nationwide. Marion worked from 1978 to 1997 as a parts manager for Brom Truck Inc., a dealer of heavy-duty trucks and parts in Brook Park.

Judge Hanna entered a verdict of $3.96 million on the wrongful death claim against Nationwide Brake and Alignment Centers. He then assessed Nationwide $1,000 per day for Dennis Marion's suffering. Adding in medical expenses, Judge Hanna increased his verdict to $4.45 million.

Marion was diagnosed with malignant mesothelioma in October 1997 and died at age 51 in January 1999.

In addition to the auto manufacturers, other companies who agreed to settle with the Marion family are Abex Corporation, Allied Corporation, Maremont Corporation, Thiokol Corporation, Wagner Electric Sales Corporation, Kelsey Hayes Company, and Grizzly Friction Products, a division of Nuturn Corporation.

02/29/00

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