In CSX Asbestos Case, Gilkison Found Not Culpable
A federal thousand jury in West Virginia has ruled that Robert Gilkison is non guilty of conspiracy to defraud CSX.
The example has undergone a number of twists too turns, first every bit far dorsum every bit 2000, when CSX employee Ricky May, who had previously tested negative for asbestosis, learned that Pittsburgh-based police force firm Peirce, Raimond, as well as Coulter, long known for their asbestos litigation, was conducting asbestos screenings.
May got inwards touch on with one-time CSX employee Robert Gilkison, who had apparently been hired by the Pierce police force house as a “runner”; that is, mortal who is appointed to notice in addition to solicit quondam colleagues for lawsuits.
Gilkison conferred with May inwards 2000 in addition to allegedly suggested that May observe individual who had already tested positive for asbestosis. May would and then have this somebody “stand up in” for the physical screening for asbestos-related disease, thus insuring that May would live eligible to file a claim against CSX.
May allegedly convinced Danny Jayne, a CSX worker already diagnosed alongside asbestosis, to impersonate him during the physical exam in addition to X-ray, though May himself completed the associated paperwork. Gilkison stood defendant of coaching both Jayne too May in their respective roles during the procedure.
Bridgeport radiologist Dr. Ray Herron read the X-rays equally positive for asbestosis, a diagnosis that resulted inwards Jayne getting $seven,000 from CSX, spell May got $8,000.
Eventually, the scheme was exposed when a whistleblower tipped off CSX executives, and a doc’s exam of the X-rays (Jayne’second from 1999, together with again in 2000 impersonating May) revealed they were from the same individual.
To avoid prosecution, Jayne agreed to evidence to his function inwards the scheme. May did the same, together with also agreed to return his settlement. Gilkison denied whatever noesis of the supposed conspiracy to defraud, too denied any function in it.
Based on the testimony of the ii men, CSX filed a lawsuit against the law house, its erstwhile employee Gilkison, together with several others charging fraud as well as violations of federal racketeering laws. The arrange focused on how much the law business firm, Pierce, knew nigh the scheme, in addition to who, every bit a consequence, was culpable.
On August xiv of this twelvemonth, a federal jury inwards West Virginia ruled that Gilkison did not know almost, together with was not responsible for, the actions of Jayne together with May. The police house of Peirce, Raimond, too Coulter was exonerated by extension.
CSX, an international rails together with truck transport companionship, has been a frequent target of asbestos lawsuits. The near recent legal conclusion is reportedly a disappointment, according to CSX spokesman Bob Sullivan, who noted that the arrange was initiated to “stand upwards to fraudulent actions against the companionship”, and to insure that the legal arrangement operated inwards a fair too impartial way.
Sullivan, who manifestly feels neither objective has been accomplished, has said his fellowship is reviewing the decision together with may appeal it in the future.
Asbestos, a fibrous mineral used during virtually of the last century inwards products ranging from insulation to floor together with ceiling tiles, is the chief cause of asbestosis in addition to mesothelioma, a cancer of the mesothelial lining of the lungs together with abdomen.
Asbestosis, though debilitating, is non normally fatal. , particularly pleural mesothelioma, oftentimes is, inwards spite of medications in addition to therapies designed to meliorate its outcome. In fact, fewer than ten percentage of mesothelioma victims alive beyond 5 years, with near succumbing to the illness inside xviii months of diagnosis.
http://www.statejournal.com/level.cfm?func=viewstory&storyid=64683
http://www.setexasrecord.com/news/220243-alleged-asbestos-fraud-scheme-started-years-ago
http://www.wvrecord.com/news/220192-human-inward-asbestos-case-to-show-against-lawyers
http://www.ble-t.org/pr/news/headline.asp?id=22100
