Geisinger attorneys are requesting a December lawsuit alleging a former physician sexually assaulted a minor be moved out of Luzerne County, Pa., according to a Times Leader report.
Here are six things to know about the lawsuit.
1. The lawsuit alleges Abraham Joseph Layon, MD, sexually assaulted a minor who was a member of the ICU Reader Group, a program he ran at Danville, Pa.-based Geisinger Medical Center. Geisinger promptly ended Dr. Layon's employment after learning of the alleged incident, according to David Jolley, the health system's vice president of public affairs.
2. The lawsuit further claims Geisinger was vicariously liable for allowing the alleged assault to happen since the health system lacked oversight over the physician's program.
3. Since the alleged incident occurred in Danville, the defense attorneys argue Montour County, Pa., would be the appropriate venue for the suit. However, the plaintiff's attorney filed the suit in Luzerne County, reasoning it serves as a "neutral venue" since the alleged assault did not occur in Luzerne County and the victim does not live there.
4. Defense attorneys said the suit's venue in Luzerne County would inconvenience Geisinger employees asked to testify, who would have to travel over two and a half hours from Danville to Wilkes-Barre, Pa. "Requiring this amount of travel time is burdensome for any of these employees, who are responsible for, and involved in, patient care at Geisinger Medical Center," David J. Felicio, executive vice president and chief legal officer for Geisinger, said in a statement.
5. Gesinger's attorneys are also attempting to remove parts of the suit that accuse the health system of vicarious liability. The defense attorneys claim legal precedent prohibits employers from being sued for vicarious liability in cases of alleged sexual assault or molestation by an employee because it took place outside the bounds of employment.
6. No criminal charges have been filed against Dr. Layon at this time.