HOFFMAN, Judge.
Before this court are the consolidated appeals of Fibreboard Corporation [“Fibreboard”], Keene Corporation [“Keene”] and Owens-Illinois, Inc. [“O-I”] from the order of the Court of Common Pleas of Philadelphia County entered July 23, 1992. In the order, the court denied appellants’ motion for judgment notwithstanding the verdict, new trial or remittitur; granted appellees’, Theodore and Mary Murray and James and Eleanor Simmons, motions for delay damages; and entered judgment against appellants.
[210]*210Appellant Fibreboard presents the following contentions of trial court error:
A. The court below erred in denying Fibreboard’s motion for judgment notwithstanding the verdict.
B. The court below erred in denying Fibreboard’s motion for a new trial.
C. The Court below erred in failing to grant Fibreboard’s motion for remittitur.
D. The Court below erred in awarding delay damages.
Fibreboard’s Brief at 3.
Appellants Keene and O-I present the following allegations of trial court error:
I. Did the trial court err in allowing into evidence portions of the Selikoff Study where such evidence lacked foundation, was hearsay and prejudicial to appellants?
II. Did the trial court err in failing to charge the jury that an award for an increased risk of cancer must bear a reasonable relationship to the size of the actual risk?
III. Are appellants Owens-Illinois, Inc. and Keene Corporation entitled to a substantial remittitur of the jury’s award which was excessive and outrageous based upon the evidence adduced at trial?
Keene and O-I’s Brief at 3.
Appellees brought suit against several asbestos manufacturers and suppliers including appellants for injuries allegedly resulting from occupational asbestos exposure. A reverse-bifurcated trial began on June 6, 1991, before the Honorable Charles Wright. The jury returned verdicts in favor of appellees, awarding $350,000 each. Subsequently, the parties stipulated Keene would be liable for one-sixth verdict share, Fibreboard for one-sixth verdict share and O-I for one-ninth verdict share to Simmons and one-seventh verdict share to Murray. Appellants filed post-trial motions requesting a judgment notwithstanding the verdict, new trial or remittitur.' Appellees filed post-trial motions requesting delay damages. The court denied appellants’ motions and granted appellees’ motions. These timely appeals followed.
[211]*211On December 3, 1993, Keene Corporation filed a bankruptcy petition under 11 U.S.C. § 301 in the United States Bankruptcy Court for the Southern District of New York. In light of the automatic stay provisions of the United States Bankruptcy Code, we must preliminarily determine whether this court may address the merits of Keene’s appeal.
11 U.S.C. § 362(a)(1) provides as follows:
(a) Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title operates as a stay, applicable to all entities, of—
(1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title[.]
Id.
We point out that this stay includes “appeals in actions that were originally brought against the debtor, regardless of whether the debtor is the appellant or the appellee.” Borman v. Raymark, Industries, Inc., 946 F.2d 1031, 1033 (3rd Cir.1991). Moreover, the stay may not be waived by either creditor or debtor. Maritime Elec. Co., Inc. v. United Jersey Bank, 959 F.2d 1194, 1206 (3rd Cir.1991). Finally, “[t]he automatic stay’s effect on judicial proceedings against the debtor does not depend upon whether the court finds for or against the debtor.” Id.
As Keene’s appeal arises from an action brought against Keene before the filing of his bankruptcy petition, we must stay Keene’s appeal pending the conclusion of the bankruptcy proceedings. Moreover, as the automatic stay applies only to the bankrupt debtor, we must sever Keene from the instant appeal. See 11 U.S.C. § 362(a). See also Maritime Elec. Co., Inc. v. United Jersey Bank, 959 F.2d at 1205. Accordingly, we will proceed with the merits of Fibreboard’s and O-I’s respective claims in seriatim.
[212]*212Fibreboard first contends that the trial court erred in denying Fibreboard’s motion for judgement notwithstanding the verdict. Specifically, Fibreboard contends that as appellees suffered no impairment. to their physical health and lifestyle as a result of their pleural thickening, they suffered no compensable asbestos-related injury. We agree and accordingly reverse and vacate the judgment entered against Fibreboard.
Preliminarily, we note that a judgment notwithstanding the verdict may be entered only in a clear case, where after viewing the evidence in the light most favorable to the verdict winner, no two reasonable minds could fail to agree that the verdict was improper. See Scullion v. EMECO Indus., 398 Pa.Super. 294, 299, 580 A.2d 1356, 1358 (1990), allocatur denied, 527 Pa. 625, 592 A.2d 45 (1991); Robertson v. Atlantic Richfield Retro., 371 Pa.Super. 49, 58, 537 A.2d 814, 819 (1987), allocatur denied, 520 Pa. 590, 551 A.2d 216 (1988). Here, the evidence produced at trial established that appellees Theodore Murray and James Simmons had asymptomatic pleural thickening. N.T. of Dr. Stanley Altschuler, 6/6/91 at 100-103.
This court en banc has recently determined that pleural thickening, when asymptomatic does not give rise to a cause of action. Giffear v. Johns-Manville, Corp., et al., 429 Pa.Super. 327, 632 A.2d 880 (1993). The instant consolidated actions preceded this court’s decision in Giffear. However:
Where an appellate decision overrules prior law and announces a new principle, unless the decision specifically declares the ruling to prospective only, the new rule is to be applied retroactively to cases where the issue in question is properly preserved at all stages of adjudication up to and including any direct appeal.
Blackwell v. Commonwealth, State Ethics Comm’n, 527 Pa.
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HOFFMAN, Judge.
Before this court are the consolidated appeals of Fibreboard Corporation [“Fibreboard”], Keene Corporation [“Keene”] and Owens-Illinois, Inc. [“O-I”] from the order of the Court of Common Pleas of Philadelphia County entered July 23, 1992. In the order, the court denied appellants’ motion for judgment notwithstanding the verdict, new trial or remittitur; granted appellees’, Theodore and Mary Murray and James and Eleanor Simmons, motions for delay damages; and entered judgment against appellants.
[210]*210Appellant Fibreboard presents the following contentions of trial court error:
A. The court below erred in denying Fibreboard’s motion for judgment notwithstanding the verdict.
B. The court below erred in denying Fibreboard’s motion for a new trial.
C. The Court below erred in failing to grant Fibreboard’s motion for remittitur.
D. The Court below erred in awarding delay damages.
Fibreboard’s Brief at 3.
Appellants Keene and O-I present the following allegations of trial court error:
I. Did the trial court err in allowing into evidence portions of the Selikoff Study where such evidence lacked foundation, was hearsay and prejudicial to appellants?
II. Did the trial court err in failing to charge the jury that an award for an increased risk of cancer must bear a reasonable relationship to the size of the actual risk?
III. Are appellants Owens-Illinois, Inc. and Keene Corporation entitled to a substantial remittitur of the jury’s award which was excessive and outrageous based upon the evidence adduced at trial?
Keene and O-I’s Brief at 3.
Appellees brought suit against several asbestos manufacturers and suppliers including appellants for injuries allegedly resulting from occupational asbestos exposure. A reverse-bifurcated trial began on June 6, 1991, before the Honorable Charles Wright. The jury returned verdicts in favor of appellees, awarding $350,000 each. Subsequently, the parties stipulated Keene would be liable for one-sixth verdict share, Fibreboard for one-sixth verdict share and O-I for one-ninth verdict share to Simmons and one-seventh verdict share to Murray. Appellants filed post-trial motions requesting a judgment notwithstanding the verdict, new trial or remittitur.' Appellees filed post-trial motions requesting delay damages. The court denied appellants’ motions and granted appellees’ motions. These timely appeals followed.
[211]*211On December 3, 1993, Keene Corporation filed a bankruptcy petition under 11 U.S.C. § 301 in the United States Bankruptcy Court for the Southern District of New York. In light of the automatic stay provisions of the United States Bankruptcy Code, we must preliminarily determine whether this court may address the merits of Keene’s appeal.
11 U.S.C. § 362(a)(1) provides as follows:
(a) Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title operates as a stay, applicable to all entities, of—
(1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title[.]
Id.
We point out that this stay includes “appeals in actions that were originally brought against the debtor, regardless of whether the debtor is the appellant or the appellee.” Borman v. Raymark, Industries, Inc., 946 F.2d 1031, 1033 (3rd Cir.1991). Moreover, the stay may not be waived by either creditor or debtor. Maritime Elec. Co., Inc. v. United Jersey Bank, 959 F.2d 1194, 1206 (3rd Cir.1991). Finally, “[t]he automatic stay’s effect on judicial proceedings against the debtor does not depend upon whether the court finds for or against the debtor.” Id.
As Keene’s appeal arises from an action brought against Keene before the filing of his bankruptcy petition, we must stay Keene’s appeal pending the conclusion of the bankruptcy proceedings. Moreover, as the automatic stay applies only to the bankrupt debtor, we must sever Keene from the instant appeal. See 11 U.S.C. § 362(a). See also Maritime Elec. Co., Inc. v. United Jersey Bank, 959 F.2d at 1205. Accordingly, we will proceed with the merits of Fibreboard’s and O-I’s respective claims in seriatim.
[212]*212Fibreboard first contends that the trial court erred in denying Fibreboard’s motion for judgement notwithstanding the verdict. Specifically, Fibreboard contends that as appellees suffered no impairment. to their physical health and lifestyle as a result of their pleural thickening, they suffered no compensable asbestos-related injury. We agree and accordingly reverse and vacate the judgment entered against Fibreboard.
Preliminarily, we note that a judgment notwithstanding the verdict may be entered only in a clear case, where after viewing the evidence in the light most favorable to the verdict winner, no two reasonable minds could fail to agree that the verdict was improper. See Scullion v. EMECO Indus., 398 Pa.Super. 294, 299, 580 A.2d 1356, 1358 (1990), allocatur denied, 527 Pa. 625, 592 A.2d 45 (1991); Robertson v. Atlantic Richfield Retro., 371 Pa.Super. 49, 58, 537 A.2d 814, 819 (1987), allocatur denied, 520 Pa. 590, 551 A.2d 216 (1988). Here, the evidence produced at trial established that appellees Theodore Murray and James Simmons had asymptomatic pleural thickening. N.T. of Dr. Stanley Altschuler, 6/6/91 at 100-103.
This court en banc has recently determined that pleural thickening, when asymptomatic does not give rise to a cause of action. Giffear v. Johns-Manville, Corp., et al., 429 Pa.Super. 327, 632 A.2d 880 (1993). The instant consolidated actions preceded this court’s decision in Giffear. However:
Where an appellate decision overrules prior law and announces a new principle, unless the decision specifically declares the ruling to prospective only, the new rule is to be applied retroactively to cases where the issue in question is properly preserved at all stages of adjudication up to and including any direct appeal.
Blackwell v. Commonwealth, State Ethics Comm’n, 527 Pa. 172, 188, 589 A.2d 1094, 1102 (1991) quoting Commonwealth v. Cabeza, 503 Pa. 228, 233, 469 A.2d 146, 148 (1983).
Here Fibreboard argued at trial, in post-trial motions and in this appeal, that their motion for judgment notwithstanding [213]*213the verdict should have been granted, as appellees suffered no damages as a result of their asymptomatic pleural thickening and hence had no compensable injuries. This argument mirrors the court’s finding in Giffear:
Where we cannot find that one has suffered a symptomatic injury, how is it possible to assess damages? Had Mr. Giffear suffered from discernable physical symptoms, a functional impairment or disability resulting from the pleural thickening, the law supported by the Commonwealth’s public policy and economic reason, would clearly recognize that his injury would entitle him to an award of damages. It remains that, but for the fact that x-rays were taken revealing a pleural condition, Mr. Giffear would not have realized that such a condition even existed. It would hardly be fair to compensate him for something that has yet to manifest itself into a functional impairment.... In light of our findings today, there is no reason for the courts to entertain claims based on a discovery of asymptomatic pleural thickening. Without evidence that such a condition is causing ascertainable physical symptoms, impairment, or disability, pleural thickening is a non-compensable injury and, therefore, does not give rise to a cause of action.
Giffear at 429 Pa.Super. at 341, 632 A.2d at 887-888. Thus, Fibreboard has preserved the applicability of Giffear to the present case. Applying Giffear, appellees cannot as a matter of law recover for their asymptomatic pleural thickening. Therefore, the trial court erred in denying Fibreboard’s motion for a judgment notwithstanding the verdict. Accordingly, the order of the trial court is reversed and the judgment is vacated as to Fibreboard.1
O-I has not raised on appeal the issue of the trial court’s denial of its motion for judgment notwithstanding the verdict. However, we believe that O-I has also preserved the issue of the application of the holding of Giffear to the instant case by its third argument presented on appeal. O-I contends that the trial court erred in denying its motion for remittitur [214]*214or in the alternative awarding a new trial. O-I states the following in support of this claim:
The awards to both Mr. Simmons and Mr. Murray were grossly excessive. Plaintiffs’ own medical expert, Dr. Altschuler, testified that neither plaintiff suffered from any physical symptom, including shortness of breath, as a result of any asbestos-related disease or condition. Likewise, there was no claim of any wage loss, medical expenses or other out-of-pocket expenses. Moreover, there was no testimony, or evidence, which demonstrated that either plaintiff was prevented from working in any way as a result of any asbestos-related condition---- Their present injuries which cause no real or substantial impairment, are not a proper basis for the award of such a huge sum.
O-I’s Brief at 25-26. This argument presents essentially the same question answered by the court in Giffear, i.e., whether it is proper to award damages for an asymptomatic condition. Thus, we believe that O-I has properly preserved the issue of the application of the holding of Giffear to the instant case. See Lampfield v. Keene Corp., 428 Pa.Super. 409, 631 A.2d 207 (1993).
The decision to order remittitur or grant a new trial because of excessiveness of the damages awarded is committed to the discretion of the trial court and will not be reversed absent an abuse of discretion. Taylor v. Celotex Corp., 393 Pa.Super. 566, 595, 574 A.2d 1084, 1099 (1990). Remittitur is proper when it is apparent that “the jury has returned a verdict excessive in amount and clearly beyond what the evidence warrants.” Taylor v. Celotex Corp., 393 Pa.Super. 566, 594, 574 A.2d 1084, 1099 (1990) (quoting Daley v. John Wanamaker, Inc., 317 Pa.Super. 348, 352, 464 A.2d 355, 357-358 (1983)). A new trial on damages should be granted only if the award is so excessive that it “shocks our sense of justice.” Taylor, at 593, 574 A.2d at 1098 (quoting Glomb v. Glomb, 366 Pa.Super. 206, 216-217, 530 A.2d 1362, 1368 (1987)).
In Giffear as stated above, the court held that asymptomatic pleural thickening is no longer a.compensable injury in Penn[215]*215sylvania. The trial court therefore abused its discretion in not granting O-I remittitur or in the alternative granting a new trial on the issue of damages. As there was no compensable injury suffered by either appellees, any damages awarded are excessive and shocking to the conscience of the court. In accordance with the reasoning of the Giffear decision, we feel it is unnecessary to remand for a new trial on damages and therefore we vacate the judgment as to O-I.2
Accordingly, Keene’s appeal is stayed pending the conclusion of the bankruptcy proceedings. We vacate that part of the July 23,1992 judgment as entered against Fibreboard and O-I.
Stayed in part; reversed in part; vacated in part.
JOHNSON, J. files a Dissenting Opinion.