Chicago, IL | Vogelzang Law is proud to announce that on Friday evening, March 15, 2024, Michael Maienza, Wyatt Berkover, Christian Luciano Santiago, and Nicholas Vogelzang obtained a $7.4 million verdict on behalf of a brick mason diagnosed with mesothelioma from asbestos exposure. The verdict was against Foseco, Inc. and Paul J. Krez for failure to warn the client, Mr. Cain, of the dangers of asbestos.
Mr. Cain started working as a brick mason at Inland Steel in 1965 and worked there his entire career. He served his country honorably in the Army while stationed in Korea from 1966 to 1968. He then returned to Inland Steel and worked with and around asbestos hot top boards used in the steel-making process manufactured by Foseco, exposing him to asbestos dust. In addition, he worked in close proximity to insulators employed by defendant Paul J. Krez Inc., who were installing and removing asbestos pipe covering.
Mr. Cain was diagnosed with mesothelioma in January of 2023 at the age of 76. Mesothelioma is a terminal cancer that grows on the lining of the lung. He has since been treated at the University of Chicago in an attempt to slow the growth of the cancer. He was able to testify live via Zoom on his behalf at trial to his asbestos exposure (a rare occurrence).
The jury deliberated for approximately five hours before Judge Mary Minella of the Cook County Circuit Court before rendering its verdict late Friday evening at the Daley Center.
The jury found Foseco Inc. 30% liable and Paul J. Krez Inc. 70% liable, with no finding of contributory negligence. Foseco admitted its asbestos-containing hot top boards were present at Inland Steel from 1965-1976 and that the boards contained up to 15% asbestos. Foseco denied Mr. Cain was exposed to those boards and alleged his mesothelioma was a result of exposure to other asbestos-containing products.
Paul J. Krez admitted that their company installed and removed asbestos-containing pipe covering at Inland Steel during the relevant period of 1965-1972 but denied that our client was sufficiently exposed to any dust created by that process to contribute substantially to his mesothelioma.
Plaintiff called experts Arnold Brody, Ph.D., Howard Kipen, M.D., Gerald Markowitz, Ph.D. and James Robb, M.D.
Foseco called expert J. Leroy Balzer, I.H., and Paul J. Krez relied upon their corporate representative.
This trial took Vogelzang Law approximately two weeks and required tremendous effort from the whole team. Vogelzang Law is extremely proud to bring home the win for the client and his family.
