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Ohio Prisoner Injured in Fall Loses State Negligence Suit
On August 24, 2004 an Ohio magistrate judge held that a state
prisoner, who was injured in a fall while being escorted, failed to prove
her negligence claim against the prison.
Jennifer Wysong, a prisoner at the Ohio Reformatory for Women, was being
escorted from a recreation area back to her dorm on April 28, 2003 when
she slipped and fell, fracturing her wrist. Wysong's hands were cuffed
behind her back at the time. Wysong filed suit in the Court of Claims of
Ohio alleging her fall was due to defendant's negligence in failing to
adequately dry the floor. She further alleged that guard Gina Corbett, who
was escorting her, was negligent for failing to hold on to her.
At the ensuing bench trial, Wysong admitted that she did not see any water
on the floor and that when she got up her gown was not wet, but asserted
that the floor was damp. Corbett testified that she supported handcuffed
prisoners only when they walked on unlevel or obstructed surfaces.
To prove a negligence claim in Ohio a plaintiff must show by a
preponderance of the evidence that he or she was owed a reasonable duty of
care, that the duty was breached, and that the breach proximately caused
the injuries.
A magistrate judge ruled in favor of the reformatory, holding that prison
officials "took sufficient protective measures to prevent falls such as
requiring porters to mop the floor twice a day, having porters on duty to
clean up water or spills between regular moppings, and providing inmates
with rubber shower shoes for increased traction."
Moreover, the court held that Wysong presented no evidence demonstrating
that other prisoners had fallen so as to put prison officials on notice,
nor could it be adduced from the evidence that "a wet floor was the
proximate cause of plaintiff's fall."
Finally, the court held that Wysong had not provided evidence "to show
that escorting inmates with their hands cuffed behind their backs breached
any duty of reasonable care owed to inmates." Based on the above, the
magistrate concluded that Wysong had failed to prove her negligence claim
and recommended judgment in favor of the prison. See: Wysong v. Ohio
Reformatory for Women, 2004 Ohio 4575 (OH 2004), 2004 WL 1936003
(unreported). The magistrate's decision was then adopted by the court and
judgment was entered for the defendant. See: Wysong v. Ohio Reformatory
for Women, Ohio Ct.Cl. Case No. 2003-08304 (2004 WL 2291438) (unreported).
prisoner, who was injured in a fall while being escorted, failed to prove
her negligence claim against the prison.
Jennifer Wysong, a prisoner at the Ohio Reformatory for Women, was being
escorted from a recreation area back to her dorm on April 28, 2003 when
she slipped and fell, fracturing her wrist. Wysong's hands were cuffed
behind her back at the time. Wysong filed suit in the Court of Claims of
Ohio alleging her fall was due to defendant's negligence in failing to
adequately dry the floor. She further alleged that guard Gina Corbett, who
was escorting her, was negligent for failing to hold on to her.
At the ensuing bench trial, Wysong admitted that she did not see any water
on the floor and that when she got up her gown was not wet, but asserted
that the floor was damp. Corbett testified that she supported handcuffed
prisoners only when they walked on unlevel or obstructed surfaces.
To prove a negligence claim in Ohio a plaintiff must show by a
preponderance of the evidence that he or she was owed a reasonable duty of
care, that the duty was breached, and that the breach proximately caused
the injuries.
A magistrate judge ruled in favor of the reformatory, holding that prison
officials "took sufficient protective measures to prevent falls such as
requiring porters to mop the floor twice a day, having porters on duty to
clean up water or spills between regular moppings, and providing inmates
with rubber shower shoes for increased traction."
Moreover, the court held that Wysong presented no evidence demonstrating
that other prisoners had fallen so as to put prison officials on notice,
nor could it be adduced from the evidence that "a wet floor was the
proximate cause of plaintiff's fall."
Finally, the court held that Wysong had not provided evidence "to show
that escorting inmates with their hands cuffed behind their backs breached
any duty of reasonable care owed to inmates." Based on the above, the
magistrate concluded that Wysong had failed to prove her negligence claim
and recommended judgment in favor of the prison. See: Wysong v. Ohio
Reformatory for Women, 2004 Ohio 4575 (OH 2004), 2004 WL 1936003
(unreported). The magistrate's decision was then adopted by the court and
judgment was entered for the defendant. See: Wysong v. Ohio Reformatory
for Women, Ohio Ct.Cl. Case No. 2003-08304 (2004 WL 2291438) (unreported).
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Related legal case
Wysong v. Ohio Reformatory for Women
| Year | 2004 |
|---|---|
| Cite | 2004 Ohio 4575 (OH 2004) 2004 WL 1936003 (unreport |
| Level | Court of Claims |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |