Peirce's motion to withdraw from plaintiff granted
Marshall Circuit Judge Arthur Recht granted the motion to withdraw that Peirce filed and reset CSX's motion to dismiss Chambers' claim and motions for additional discovery for Aug.
Chambers, who turned 56 earlier this month, filed his asbestosis complaint against CSX in Marshall Circuit Court on April 9, 2002. The Peirce Firm filed a motion to refer Chambers and several hundred other consolidated cases to mediation. That process was similar to other trial plans that CSX says forced it to rely upon limited information provided by the Peirce Firm, including x-rays taken at its occupational asbestosis screenings, for settlement negotiations.
In its motion to dismiss, CSX says Chambers provided the name of a Dr. Oscar Frye in Huntington as the physician who treated him for his asbestosis.
[Through its investigation, CSX] determined that there has never been a physician, chiropractor, podiatrist, physician's assistant or osteopath licensed to practice in the State of West Virginia by any licensing board or agency with the name 'Oscar Frye.'”— CSX