Asbestos Fraud Case Goes to Trial
CSX Transportation, a leader in the rail freight industry, presented their accommodate against a West Virginia-based physician, a Pittsburgh-based constabulary business firm together with ane of the business firm’second employees for filing faux claims of asbestos exposure against the company. The accommodate, originally filed inward 2005, claims that Robert Gilkison in addition to his employers, the law house of Peirce, Raimond as well as Coulter, conspired to brand imitation insurance claims against CSX. The suit too says that ii CSX workers originated the thought of scamming the rail companionship past switching ten-ray photos. CSX filed the adjust afterward fellowship officials received an anonymous phone call that mentioned ii former workers, Ricky May and Daniel Jayne, had participated inwards the fraud.
According to the arrange, CSX claims a onetime employee who was previously diagnosed alongside asbestosis came in to accept 10-ray images taken, so reported to the Dr. that he was some other employee who had before shown no symptoms of the affliction. After the written report, CSX reached a small town for $8,000. The arrange as well says that Gilkison, who one time worked for the railroad companionship earlier joining the law house, had cognition of the ten-ray swap as well as did non discover the switch. CSX also stated in the accommodate that Gilkison actively attempted to enroll railroad workers to file other fraudulent suits against the railroad.
Dr. Ray Harron, a radiologist based in Bridgeport, West Virginia, was besides named inwards the accommodate. The allegations against Dr. Harron include misinterpreting x-ray images inward order to give merit to the simulated claims. CSX also claims that Mr. Jayne, who had been diagnosed amongst the affliction, visited Dr. Harron’s function in addition to used Mr. May’s personal data when filling inwards the personal data form. This deception enabled Mr. May to have the $eight,000 small town from CSX. Mr. May and Mr. Jayne accept agreed to testify for CSX in the civil activity. In render, CSX did not pursue charges against Mr. Jayne. Mr. May agreed to return the settlement coin.
Marc Williams, ane of the CSX attorneys pursuing the instance, mentioned that the burden of proof inwards civil cases is much lower than that in criminal prosecutions. In a criminal example, prosecutors must present guilt “beyond a reasonable doubtfulness”. In civil actions, plaintiffs such equally CSX tin can win a judgment if they tin institute guilt through a “preponderance of the evidence”. Mr. Williams as well told jurors that Mr. Gilkison was participating inwards the fraud inward guild to proceed the powerful CSX employee’s wedlock as clients of his employer’s firm. Mr. Williams as well alleged that Mr. Gilkison was afraid that, if he did alert either CSX or the media to the attempted fraud, the matrimony would driblet the law house as their counsel too that he would lose his task.
Walter DeForest, the attorney for the Peirce law house, claimed that Mr. Gilkison was inward the dark every bit to the fraud. He stated that the scam started with Mr. May as an attempt to extract both money as well as revenge from CSX. Although the house is widely acknowledged for holding regular asbestos screenings for union employees, Mr. DeForest said that Mr. May brought the thought to Mr. Gilkison just that he did not take it seriously as well as did non participate inwards an active fraud scheme.
Sources:
http://www.wvpubcast.org/newsarticle.aspx?id=10806
http://www.statejournal.com/story.cfm?func=viewstory&storyid=64567&catid=166
