CSX Asbestos Suit Gains National Attention

June 13, 2006 - CSX, one of the nation's largest rail companies, often a target of asbestos claims, recently filed a lawsuit in Wheeling (WV) federal court against a Pittsburgh law firm, one of its employees, and several others, alleging a scheme that involved phony x-rays that exhibited the presence of asbestos in the lungs of the employee in question.  The case has gained national attention with those who are interested in judicial reform and tort lawyer corruption.

The story begins in 2000, when employee Ricky May was informed that a Pittsburgh-based law firm, Peirce, Raimond, and Coulter, known for filing railway asbestos suits, was conducting an asbestos screening in Huntington, West Virginia.  Such screenings are commonplace in areas believed to be ripe with asbestos-related disease sufferers.

However, at a previous mass screening, May had tested negative for asbestosis.  It was suggested to him that he get a fellow employee who had tested positive to pretend he was May.  The person who made the suggestion was Robert Gilkison, who had been hired by Peirce, Raimond, and Coulter to “round up” colleagues for lawsuits. 

The suit alleges that Ricky May got Danny Jayne, a CSX worker who had been diagnosed with asbestosis in 1999, to stand in for him during the X-ray. The suit also notes that Gilkison assisted by letting May complete the paperwork and personally escorting Jayne through the exam.

Bridgeport radiologist Dr. Ray Harron received the x-rays and said the lung images showed signs of asbestosis.  In turn, Jayne received a $7,000 settlement from CSX and May got $8,000.

An investigation by CSX eventually revealed that the two x-rays in question were of the same man.  Gilkison denied any wrongdoing but May paid his claim back to the company and Jayne agreed to testify as to the particulars of the scheme.

An article in the West Virginia Record notes that the “current suit filed by CSX focuses on how much the Peirce firm knew about the X-ray scheme.”

“CSX claims that May was hesitant after the screening and talked to Gilkison about dismissing his case. It also claims Gilkison talked to the law firm about the deception but the lawsuit remained. CSX also says Peirce maintains records of its positive and negative screenings and knew May already was screened and that the X-ray was not of him.”