×
You have 2 more free articles available this month. Subscribe today.
NY Prisoner Awarded $75 for Fall From Bunk
A New York State court held that the New York Department of
Correctional Services (DCS) was 100 percent liable for injuries he
sustained when he fell from his top bunk. Those injuries were worth just
$75, however.
DCS prisoner Michael Smith was medically restricted to a lower
bunk. Despite this restriction, he was assigned to a top bunk. While
climbing out of that bunk, he fell, sustaining numerous injuries.
Smith sued DCS in the state court of claims, alleging that prison
staff ignored his bottom bunk medical restriction. The trial
court observed that negligence can be established via proof of a
defendant's failure to heed a medical determination. See: Mossman v.
Albany Medical Str.Hosp.., 34 AD.2d 263, 264. Given that premise, the
court found Smith should have been given a lower bunk and, therefore,
the State was liable for his fall.
The court also noted that Smith was dropped during transport to
the infirmary. Given that Smith had not presented any expert testimony
to establish that cause of his injuries, the court found that his
injuries could not be entirely attributed to the bunk accident.
Therefore, on October 14, 2004, the court awarded only $75 in damages.
See: Smith v. New York, Court of Claims No. 106573 (Syracuse).
Correctional Services (DCS) was 100 percent liable for injuries he
sustained when he fell from his top bunk. Those injuries were worth just
$75, however.
DCS prisoner Michael Smith was medically restricted to a lower
bunk. Despite this restriction, he was assigned to a top bunk. While
climbing out of that bunk, he fell, sustaining numerous injuries.
Smith sued DCS in the state court of claims, alleging that prison
staff ignored his bottom bunk medical restriction. The trial
court observed that negligence can be established via proof of a
defendant's failure to heed a medical determination. See: Mossman v.
Albany Medical Str.Hosp.., 34 AD.2d 263, 264. Given that premise, the
court found Smith should have been given a lower bunk and, therefore,
the State was liable for his fall.
The court also noted that Smith was dropped during transport to
the infirmary. Given that Smith had not presented any expert testimony
to establish that cause of his injuries, the court found that his
injuries could not be entirely attributed to the bunk accident.
Therefore, on October 14, 2004, the court awarded only $75 in damages.
See: Smith v. New York, Court of Claims No. 106573 (Syracuse).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Smith v. New York
| Year | 2004 |
|---|---|
| Cite | Court of Claims No. 106573 (Syracuse) |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 75 |
| Injunction Status | N/A |