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New York Prisoner Awarded $112,000 For Leg Burns
On August 30, 2007, a court of claims in Syracuse, New York, awarded $112,000 to a prisoner who burned his legs while working in a prison kitchen.
While imprisoned at the Watertown Correctional Facility on July 16, 1995, Daniel Marria was standing on a table cleaning vent hoods when he slipped and fell into a pot of boiling water.
Immediately after he fell Marria pulled up his pant legs and saw that the skin had been peeled down from his knees to his ankles. (His feet were not burned because he was wearing boots).
After Marria tried to “put his skin back on his legs” he was transported to a local emergency room where his injuries were treated.
For the next two months Marria complained of extreme pain and underwent a series of painful treatments both at the hospital and the prison infirmary.
At trial Dr. Enrique Armenta, a plastic surgeon, examined Marria pursuant to the defendant’s Demand for Medical Examination.
Armenta testified that Marria suffered 2nd degree burns to both his legs, that the skin in those areas was thin and dry, and that it was hyperpigmented. According to Armenta, the hyperpigmentation and thin dry skin were permanent and would likely cause Marria discomfort if exposed to the sun.
On March 21, 2006, following the first phase of a bifurcated trial, the court found the state 70% liable for Marria’s injuries, and Marria himself liable for the remaining 30%.
As to damages, the court awarded Marria $120,000 for past pain and suffering and $40,000 for future pain and suffering. These amounts were reduced by 30% for a total award of $112,000.
Marria was represented by attorney Gideon J. Karlick. Judge Nicholas V. Midey Jr. presided. See: Marria v. The State of New York, Syracuse Court of Claims, Claim No. 93918.
While imprisoned at the Watertown Correctional Facility on July 16, 1995, Daniel Marria was standing on a table cleaning vent hoods when he slipped and fell into a pot of boiling water.
Immediately after he fell Marria pulled up his pant legs and saw that the skin had been peeled down from his knees to his ankles. (His feet were not burned because he was wearing boots).
After Marria tried to “put his skin back on his legs” he was transported to a local emergency room where his injuries were treated.
For the next two months Marria complained of extreme pain and underwent a series of painful treatments both at the hospital and the prison infirmary.
At trial Dr. Enrique Armenta, a plastic surgeon, examined Marria pursuant to the defendant’s Demand for Medical Examination.
Armenta testified that Marria suffered 2nd degree burns to both his legs, that the skin in those areas was thin and dry, and that it was hyperpigmented. According to Armenta, the hyperpigmentation and thin dry skin were permanent and would likely cause Marria discomfort if exposed to the sun.
On March 21, 2006, following the first phase of a bifurcated trial, the court found the state 70% liable for Marria’s injuries, and Marria himself liable for the remaining 30%.
As to damages, the court awarded Marria $120,000 for past pain and suffering and $40,000 for future pain and suffering. These amounts were reduced by 30% for a total award of $112,000.
Marria was represented by attorney Gideon J. Karlick. Judge Nicholas V. Midey Jr. presided. See: Marria v. The State of New York, Syracuse Court of Claims, Claim No. 93918.
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Related legal cases
Marria v. The State of New York
| Year | 2007 |
|---|---|
| Cite | Syracuse Court of Claims, Claim No. 93918 |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Damages | 112,000.00 |
| Injunction Status | N/A |
MARRIA v. THE STATE OF NEW YORK, #2007-009-176, Claim No. 93918
Synopsis
Claimant was awarded the sum of $112,000.00 in this damages decision.
Case Information
UID: 2007-009-176
Claimant(s): DANIEL MARRIA
Claimant short name: MARRIA
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 93918
Motion number(s):
Cross-motion number(s):
Judge: NICHOLAS V. MIDEY JR.
Claimant's attorney: GIDEON J. KARLICK, P.C.
BY: Gideon J. Karlick, Esq.,Of Counsel.
Defendant's attorney: HON. ANDREW M. CUOMO
Attorney General
BY: Edward F. McArdle, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant's attorney:
Signature date: August 30, 2007
City: Syracuse
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)
Decision
This claim arose on July 16, 1995, when claimant suffered burns to his legs while he was working as a prison inmate in the kitchen at Watertown Correctional Facility, where he was then incarcerated. In a Decision dated March 21, 2006, this Court determined that the State was 70% liable for the injuries sustained by claimant, and that claimant was 30% liable for his injuries (Marria v State of New York, Ct Cl, March 21, 2006, Midey, J., [2006-009-152]).[1]
A trial on the issue of damages was held on June 4, 2007, at which claimant testified as to the extent of his injuries. Additionally, a report prepared by Enrique Armenta, M.D., who examined the claimant pursuant to defendant's Demand for Medical Examination, was received into evidence, including photographs taken by Dr. Armenta (Exhibit A). Claimant's medical records maintained by the defendant were also introduced and received into evidence (Exhibit B).
As set forth in this Court's prior Decision on liability, claimant was injured on July 16, 1995, when he slipped on a table while cleaning oven hoods in the kitchen at Watertown Correctional Facility, and fell into a pot of boiling water. Claimant testified that he suffered burns on both legs up to his knees, but that his feet were not burned because he was wearing work boots at the time. Claimant testified that immediately after he fell, he pulled up his pant legs and noticed that his skin was peeled down from the knee to just above the ankle on both legs, and that he tried to "put his skin back on his legs"[2].
As set forth in claimant's medical records (Exhibit B), claimant was sent by ambulance to the Emergency Department at Good Samaritan Hospital in Watertown, where he was treated and released back to the facility that day. At Good Samaritan Hospital, he was treated with sterile saline soaks, his burns were dressed with Silvadene and DSD with kerilux wraps on both legs. He was prescribed Toradol for relief of his pain.
Claimant was then admitted to the Infirmary at Watertown Correctional Facility, where he stayed for approximately three weeks, until August 2, 1995. During this time, Silvadene was applied directly to his burns, and claimant was given Motrin and Tylenol with codeine for pain.
During this period of time in the Infirmary, claimant required a walker, but he was able to get up from his bed and transfer to a wheelchair, or to a commode when necessary, without assistance.
The medical records contain notations that claimant continuously complained of severe pain during this time, and that he was not receiving sufficient pain medication. Additionally, the records reflect that claimant often refused to have his dressings changed, due to the pain involved.
On August 2, 1995, claimant was transferred to Walsh Medical Center, where he remained for approximately one month, until August 31, 1995. As set forth in the medical records, claimant was in constant pain upon his admission to Walsh Medical Center, but began to show significant healing and improvement of his burns shortly after his admission. The medical records indicate that by the time he was discharged from Walsh Medical Center on August 31, 1995, claimant had shown significant improvement, and he was able to walk without requiring a walker by that time.
Upon his discharge from Walsh Medical Center, he was transferred to the Infirmary at Mid-State Correctional Facility, where he remained for approximately two weeks, until September 12, 1995.
Upon his release from the Infirmary, claimant continued to receive topical treatment for his burns, and medication for pain relief, until April, 1996. There was no testimony from claimant, or through the introduction of any other medical records, to indicate that claimant received any medical treatments for his injuries subsequent to that date.
The medical records also establish that claimant was born on December 29, 1959, and, therefore, was 47 years of age at the time of the damages trial.
As mentioned above, the report prepared by Enrique Armenta, M.D., the plastic surgeon who performed an Independent Medical Examination of claimant, was received into evidence (Exhibit A). In his report, Dr. Armenta described the appearance of claimant's legs as follows:
"On the left side there is a segment 18" all the way from the knee to the
foot, and all the way around the ankle and mid leg [sic] and going only on
isolated spots around both sides of the leg. The posterior aspect of the leg,
the discolored skin measures 13" high and it is almost completely circumferential.
On the right leg there is a discoloration of the skin in the lower and middle third portion, measuring 7" in height but complete circumference, which is about 8" to 9".
The discolored area is hyperpigmented; in some areas there is loss of pigmentation. The quality of skin is thinner and dryer but there is no evidence of ulcerations and the patient doesn't complain of any breakdowns or any cold intolerance or any functional problems, except that it feels tight."
Based upon his examination, Dr. Armenta concluded that claimant had sustained second-degree burns in this accident, but he found no evidence of any third-degree burns. Furthermore, Dr. Armenta noted that his scars were permanent, and that claimant can expect to encounter problems in the future due to the hyperpigmentation and thinness of the skin, if his legs are exposed to the sun. He did not find any limitations on motion, and no evidence of any functional problems except for some symptoms of tightness, which he also found to be of a permanent nature.
During his trial testimony, the Court personally reviewed the scarring which is evident on both legs.
Based upon the trial testimony, as well as the medical records received into evidence, the Court finds that claimant suffered severe pain immediately following his fall into the pot of boiling water, and that this pain continued during the various courses of treatment he received for his burns. The medical records establish that claimant continuously received pain medication, which was required not only for the pain caused by his fall, but also for the treatments that he received for his burns. Furthermore, it has been established that claimant was confined, either to prison infirmaries or the Walsh Medical Center, for approximately two months following his accident, during which time claimant received intensive and painful treatments. The medical records also establish that even after his discharge from the Infirmary at Mid-State Correctional Facility, claimant continued to receive treatment and medication for his injuries while incarcerated.
Furthermore, based upon the Court's personal examination of claimant's legs, as well as the report made by Dr. Armenta, the Court finds that claimant has extensive scarring between the ankle and knee of each leg, and that this scarring appears to be permanent in nature. His legs, in different areas, exhibit both a loss of pigmentation and hyperpigmentation, and claimant testified to tightness in both legs due to the scarring.
There was no testimony or any evidence of any economic loss suffered by claimant as a result of the injuries suffered by him in this accident.
Accordingly, based upon the foregoing findings and the entire trial record, the Court finds that claimant has suffered damages of $120,000.00 for past pain and suffering, and $40,000.00 for future pain and suffering, resulting in total damages of $160,000.00. This award must be reduced by the percentage of claimant's comparative fault as found in this Court's prior Decision on liability. As a result, after applying claimant's 30% comparative fault to the total award, the Court hereby awards claimant the sum of $112,000.00.
The amount awarded herein shall carry interest at the rate of 9% per year from the date of the determination of liability on March 21, 2006 (Dingle v Prudential Prop. & Cas. Ins. Co., 85 NY2d 657; Love v State of New York, 78 NY2d 540).
LET JUDGMENT BE ENTERED ACCORDINGLY.
August 30, 2007
Syracuse, New York
HON. NICHOLAS V. MIDEY JR.
Judge of the Court of Claims
--------------------------------------------------------------------------------
[1]. Unpublished decisions and selected orders of the Court of Claims are available via the Internet at http://www.nyscourtofclaims.state.ny.us/decisions.
[2]. Unless otherwise indicated, all references and quotations are taken from the Court's trial notes.
Synopsis
Claimant was awarded the sum of $112,000.00 in this damages decision.
Case Information
UID: 2007-009-176
Claimant(s): DANIEL MARRIA
Claimant short name: MARRIA
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 93918
Motion number(s):
Cross-motion number(s):
Judge: NICHOLAS V. MIDEY JR.
Claimant's attorney: GIDEON J. KARLICK, P.C.
BY: Gideon J. Karlick, Esq.,Of Counsel.
Defendant's attorney: HON. ANDREW M. CUOMO
Attorney General
BY: Edward F. McArdle, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant's attorney:
Signature date: August 30, 2007
City: Syracuse
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)
Decision
This claim arose on July 16, 1995, when claimant suffered burns to his legs while he was working as a prison inmate in the kitchen at Watertown Correctional Facility, where he was then incarcerated. In a Decision dated March 21, 2006, this Court determined that the State was 70% liable for the injuries sustained by claimant, and that claimant was 30% liable for his injuries (Marria v State of New York, Ct Cl, March 21, 2006, Midey, J., [2006-009-152]).[1]
A trial on the issue of damages was held on June 4, 2007, at which claimant testified as to the extent of his injuries. Additionally, a report prepared by Enrique Armenta, M.D., who examined the claimant pursuant to defendant's Demand for Medical Examination, was received into evidence, including photographs taken by Dr. Armenta (Exhibit A). Claimant's medical records maintained by the defendant were also introduced and received into evidence (Exhibit B).
As set forth in this Court's prior Decision on liability, claimant was injured on July 16, 1995, when he slipped on a table while cleaning oven hoods in the kitchen at Watertown Correctional Facility, and fell into a pot of boiling water. Claimant testified that he suffered burns on both legs up to his knees, but that his feet were not burned because he was wearing work boots at the time. Claimant testified that immediately after he fell, he pulled up his pant legs and noticed that his skin was peeled down from the knee to just above the ankle on both legs, and that he tried to "put his skin back on his legs"[2].
As set forth in claimant's medical records (Exhibit B), claimant was sent by ambulance to the Emergency Department at Good Samaritan Hospital in Watertown, where he was treated and released back to the facility that day. At Good Samaritan Hospital, he was treated with sterile saline soaks, his burns were dressed with Silvadene and DSD with kerilux wraps on both legs. He was prescribed Toradol for relief of his pain.
Claimant was then admitted to the Infirmary at Watertown Correctional Facility, where he stayed for approximately three weeks, until August 2, 1995. During this time, Silvadene was applied directly to his burns, and claimant was given Motrin and Tylenol with codeine for pain.
During this period of time in the Infirmary, claimant required a walker, but he was able to get up from his bed and transfer to a wheelchair, or to a commode when necessary, without assistance.
The medical records contain notations that claimant continuously complained of severe pain during this time, and that he was not receiving sufficient pain medication. Additionally, the records reflect that claimant often refused to have his dressings changed, due to the pain involved.
On August 2, 1995, claimant was transferred to Walsh Medical Center, where he remained for approximately one month, until August 31, 1995. As set forth in the medical records, claimant was in constant pain upon his admission to Walsh Medical Center, but began to show significant healing and improvement of his burns shortly after his admission. The medical records indicate that by the time he was discharged from Walsh Medical Center on August 31, 1995, claimant had shown significant improvement, and he was able to walk without requiring a walker by that time.
Upon his discharge from Walsh Medical Center, he was transferred to the Infirmary at Mid-State Correctional Facility, where he remained for approximately two weeks, until September 12, 1995.
Upon his release from the Infirmary, claimant continued to receive topical treatment for his burns, and medication for pain relief, until April, 1996. There was no testimony from claimant, or through the introduction of any other medical records, to indicate that claimant received any medical treatments for his injuries subsequent to that date.
The medical records also establish that claimant was born on December 29, 1959, and, therefore, was 47 years of age at the time of the damages trial.
As mentioned above, the report prepared by Enrique Armenta, M.D., the plastic surgeon who performed an Independent Medical Examination of claimant, was received into evidence (Exhibit A). In his report, Dr. Armenta described the appearance of claimant's legs as follows:
"On the left side there is a segment 18" all the way from the knee to the
foot, and all the way around the ankle and mid leg [sic] and going only on
isolated spots around both sides of the leg. The posterior aspect of the leg,
the discolored skin measures 13" high and it is almost completely circumferential.
On the right leg there is a discoloration of the skin in the lower and middle third portion, measuring 7" in height but complete circumference, which is about 8" to 9".
The discolored area is hyperpigmented; in some areas there is loss of pigmentation. The quality of skin is thinner and dryer but there is no evidence of ulcerations and the patient doesn't complain of any breakdowns or any cold intolerance or any functional problems, except that it feels tight."
Based upon his examination, Dr. Armenta concluded that claimant had sustained second-degree burns in this accident, but he found no evidence of any third-degree burns. Furthermore, Dr. Armenta noted that his scars were permanent, and that claimant can expect to encounter problems in the future due to the hyperpigmentation and thinness of the skin, if his legs are exposed to the sun. He did not find any limitations on motion, and no evidence of any functional problems except for some symptoms of tightness, which he also found to be of a permanent nature.
During his trial testimony, the Court personally reviewed the scarring which is evident on both legs.
Based upon the trial testimony, as well as the medical records received into evidence, the Court finds that claimant suffered severe pain immediately following his fall into the pot of boiling water, and that this pain continued during the various courses of treatment he received for his burns. The medical records establish that claimant continuously received pain medication, which was required not only for the pain caused by his fall, but also for the treatments that he received for his burns. Furthermore, it has been established that claimant was confined, either to prison infirmaries or the Walsh Medical Center, for approximately two months following his accident, during which time claimant received intensive and painful treatments. The medical records also establish that even after his discharge from the Infirmary at Mid-State Correctional Facility, claimant continued to receive treatment and medication for his injuries while incarcerated.
Furthermore, based upon the Court's personal examination of claimant's legs, as well as the report made by Dr. Armenta, the Court finds that claimant has extensive scarring between the ankle and knee of each leg, and that this scarring appears to be permanent in nature. His legs, in different areas, exhibit both a loss of pigmentation and hyperpigmentation, and claimant testified to tightness in both legs due to the scarring.
There was no testimony or any evidence of any economic loss suffered by claimant as a result of the injuries suffered by him in this accident.
Accordingly, based upon the foregoing findings and the entire trial record, the Court finds that claimant has suffered damages of $120,000.00 for past pain and suffering, and $40,000.00 for future pain and suffering, resulting in total damages of $160,000.00. This award must be reduced by the percentage of claimant's comparative fault as found in this Court's prior Decision on liability. As a result, after applying claimant's 30% comparative fault to the total award, the Court hereby awards claimant the sum of $112,000.00.
The amount awarded herein shall carry interest at the rate of 9% per year from the date of the determination of liability on March 21, 2006 (Dingle v Prudential Prop. & Cas. Ins. Co., 85 NY2d 657; Love v State of New York, 78 NY2d 540).
LET JUDGMENT BE ENTERED ACCORDINGLY.
August 30, 2007
Syracuse, New York
HON. NICHOLAS V. MIDEY JR.
Judge of the Court of Claims
--------------------------------------------------------------------------------
[1]. Unpublished decisions and selected orders of the Court of Claims are available via the Internet at http://www.nyscourtofclaims.state.ny.us/decisions.
[2]. Unless otherwise indicated, all references and quotations are taken from the Court's trial notes.
Marria v. The State of New York
| Year | 2007 |
|---|---|
| Cite | #2007-009-176, Claim No. 93918 |
| Level | Court of Claims |
| Conclusion | Bench Verdict |
| Damages | $112,000.00 |
MARRIA v. THE STATE OF NEW YORK, #2007-009-176, Claim No. 93918
Synopsis
Claimant was awarded the sum of $112,000.00 in this damages decision.
Case Information
UID: 2007-009-176
Claimant(s): DANIEL MARRIA
Claimant short name: MARRIA
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 93918
Motion number(s):
Cross-motion number(s):
Judge: NICHOLAS V. MIDEY JR.
Claimant's attorney: GIDEON J. KARLICK, P.C.
BY: Gideon J. Karlick, Esq.,Of Counsel.
Defendant's attorney: HON. ANDREW M. CUOMO
Attorney General
BY: Edward F. McArdle, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant's attorney:
Signature date: August 30, 2007
City: Syracuse
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)
Decision
This claim arose on July 16, 1995, when claimant suffered burns to his legs while he was working as a prison inmate in the kitchen at Watertown Correctional Facility, where he was then incarcerated. In a Decision dated March 21, 2006, this Court determined that the State was 70% liable for the injuries sustained by claimant, and that claimant was 30% liable for his injuries (Marria v State of New York, Ct Cl, March 21, 2006, Midey, J., [2006-009-152]).[1]
A trial on the issue of damages was held on June 4, 2007, at which claimant testified as to the extent of his injuries. Additionally, a report prepared by Enrique Armenta, M.D., who examined the claimant pursuant to defendant's Demand for Medical Examination, was received into evidence, including photographs taken by Dr. Armenta (Exhibit A). Claimant's medical records maintained by the defendant were also introduced and received into evidence (Exhibit B).
As set forth in this Court's prior Decision on liability, claimant was injured on July 16, 1995, when he slipped on a table while cleaning oven hoods in the kitchen at Watertown Correctional Facility, and fell into a pot of boiling water. Claimant testified that he suffered burns on both legs up to his knees, but that his feet were not burned because he was wearing work boots at the time. Claimant testified that immediately after he fell, he pulled up his pant legs and noticed that his skin was peeled down from the knee to just above the ankle on both legs, and that he tried to "put his skin back on his legs"[2].
As set forth in claimant's medical records (Exhibit B), claimant was sent by ambulance to the Emergency Department at Good Samaritan Hospital in Watertown, where he was treated and released back to the facility that day. At Good Samaritan Hospital, he was treated with sterile saline soaks, his burns were dressed with Silvadene and DSD with kerilux wraps on both legs. He was prescribed Toradol for relief of his pain.
Claimant was then admitted to the Infirmary at Watertown Correctional Facility, where he stayed for approximately three weeks, until August 2, 1995. During this time, Silvadene was applied directly to his burns, and claimant was given Motrin and Tylenol with codeine for pain.
During this period of time in the Infirmary, claimant required a walker, but he was able to get up from his bed and transfer to a wheelchair, or to a commode when necessary, without assistance.
The medical records contain notations that claimant continuously complained of severe pain during this time, and that he was not receiving sufficient pain medication. Additionally, the records reflect that claimant often refused to have his dressings changed, due to the pain involved.
On August 2, 1995, claimant was transferred to Walsh Medical Center, where he remained for approximately one month, until August 31, 1995. As set forth in the medical records, claimant was in constant pain upon his admission to Walsh Medical Center, but began to show significant healing and improvement of his burns shortly after his admission. The medical records indicate that by the time he was discharged from Walsh Medical Center on August 31, 1995, claimant had shown significant improvement, and he was able to walk without requiring a walker by that time.
Upon his discharge from Walsh Medical Center, he was transferred to the Infirmary at Mid-State Correctional Facility, where he remained for approximately two weeks, until September 12, 1995.
Upon his release from the Infirmary, claimant continued to receive topical treatment for his burns, and medication for pain relief, until April, 1996. There was no testimony from claimant, or through the introduction of any other medical records, to indicate that claimant received any medical treatments for his injuries subsequent to that date.
The medical records also establish that claimant was born on December 29, 1959, and, therefore, was 47 years of age at the time of the damages trial.
As mentioned above, the report prepared by Enrique Armenta, M.D., the plastic surgeon who performed an Independent Medical Examination of claimant, was received into evidence (Exhibit A). In his report, Dr. Armenta described the appearance of claimant's legs as follows:
"On the left side there is a segment 18" all the way from the knee to the
foot, and all the way around the ankle and mid leg [sic] and going only on
isolated spots around both sides of the leg. The posterior aspect of the leg,
the discolored skin measures 13" high and it is almost completely circumferential.
On the right leg there is a discoloration of the skin in the lower and middle third portion, measuring 7" in height but complete circumference, which is about 8" to 9".
The discolored area is hyperpigmented; in some areas there is loss of pigmentation. The quality of skin is thinner and dryer but there is no evidence of ulcerations and the patient doesn't complain of any breakdowns or any cold intolerance or any functional problems, except that it feels tight."
Based upon his examination, Dr. Armenta concluded that claimant had sustained second-degree burns in this accident, but he found no evidence of any third-degree burns. Furthermore, Dr. Armenta noted that his scars were permanent, and that claimant can expect to encounter problems in the future due to the hyperpigmentation and thinness of the skin, if his legs are exposed to the sun. He did not find any limitations on motion, and no evidence of any functional problems except for some symptoms of tightness, which he also found to be of a permanent nature.
During his trial testimony, the Court personally reviewed the scarring which is evident on both legs.
Based upon the trial testimony, as well as the medical records received into evidence, the Court finds that claimant suffered severe pain immediately following his fall into the pot of boiling water, and that this pain continued during the various courses of treatment he received for his burns. The medical records establish that claimant continuously received pain medication, which was required not only for the pain caused by his fall, but also for the treatments that he received for his burns. Furthermore, it has been established that claimant was confined, either to prison infirmaries or the Walsh Medical Center, for approximately two months following his accident, during which time claimant received intensive and painful treatments. The medical records also establish that even after his discharge from the Infirmary at Mid-State Correctional Facility, claimant continued to receive treatment and medication for his injuries while incarcerated.
Furthermore, based upon the Court's personal examination of claimant's legs, as well as the report made by Dr. Armenta, the Court finds that claimant has extensive scarring between the ankle and knee of each leg, and that this scarring appears to be permanent in nature. His legs, in different areas, exhibit both a loss of pigmentation and hyperpigmentation, and claimant testified to tightness in both legs due to the scarring.
There was no testimony or any evidence of any economic loss suffered by claimant as a result of the injuries suffered by him in this accident.
Accordingly, based upon the foregoing findings and the entire trial record, the Court finds that claimant has suffered damages of $120,000.00 for past pain and suffering, and $40,000.00 for future pain and suffering, resulting in total damages of $160,000.00. This award must be reduced by the percentage of claimant's comparative fault as found in this Court's prior Decision on liability. As a result, after applying claimant's 30% comparative fault to the total award, the Court hereby awards claimant the sum of $112,000.00.
The amount awarded herein shall carry interest at the rate of 9% per year from the date of the determination of liability on March 21, 2006 (Dingle v Prudential Prop. & Cas. Ins. Co., 85 NY2d 657; Love v State of New York, 78 NY2d 540).
LET JUDGMENT BE ENTERED ACCORDINGLY.
August 30, 2007
Syracuse, New York
HON. NICHOLAS V. MIDEY JR.
Judge of the Court of Claims
--------------------------------------------------------------------------------
[1]. Unpublished decisions and selected orders of the Court of Claims are available via the Internet at http://www.nyscourtofclaims.state.ny.us/decisions.
[2]. Unless otherwise indicated, all references and quotations are taken from the Court's trial notes.
Synopsis
Claimant was awarded the sum of $112,000.00 in this damages decision.
Case Information
UID: 2007-009-176
Claimant(s): DANIEL MARRIA
Claimant short name: MARRIA
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 93918
Motion number(s):
Cross-motion number(s):
Judge: NICHOLAS V. MIDEY JR.
Claimant's attorney: GIDEON J. KARLICK, P.C.
BY: Gideon J. Karlick, Esq.,Of Counsel.
Defendant's attorney: HON. ANDREW M. CUOMO
Attorney General
BY: Edward F. McArdle, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant's attorney:
Signature date: August 30, 2007
City: Syracuse
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)
Decision
This claim arose on July 16, 1995, when claimant suffered burns to his legs while he was working as a prison inmate in the kitchen at Watertown Correctional Facility, where he was then incarcerated. In a Decision dated March 21, 2006, this Court determined that the State was 70% liable for the injuries sustained by claimant, and that claimant was 30% liable for his injuries (Marria v State of New York, Ct Cl, March 21, 2006, Midey, J., [2006-009-152]).[1]
A trial on the issue of damages was held on June 4, 2007, at which claimant testified as to the extent of his injuries. Additionally, a report prepared by Enrique Armenta, M.D., who examined the claimant pursuant to defendant's Demand for Medical Examination, was received into evidence, including photographs taken by Dr. Armenta (Exhibit A). Claimant's medical records maintained by the defendant were also introduced and received into evidence (Exhibit B).
As set forth in this Court's prior Decision on liability, claimant was injured on July 16, 1995, when he slipped on a table while cleaning oven hoods in the kitchen at Watertown Correctional Facility, and fell into a pot of boiling water. Claimant testified that he suffered burns on both legs up to his knees, but that his feet were not burned because he was wearing work boots at the time. Claimant testified that immediately after he fell, he pulled up his pant legs and noticed that his skin was peeled down from the knee to just above the ankle on both legs, and that he tried to "put his skin back on his legs"[2].
As set forth in claimant's medical records (Exhibit B), claimant was sent by ambulance to the Emergency Department at Good Samaritan Hospital in Watertown, where he was treated and released back to the facility that day. At Good Samaritan Hospital, he was treated with sterile saline soaks, his burns were dressed with Silvadene and DSD with kerilux wraps on both legs. He was prescribed Toradol for relief of his pain.
Claimant was then admitted to the Infirmary at Watertown Correctional Facility, where he stayed for approximately three weeks, until August 2, 1995. During this time, Silvadene was applied directly to his burns, and claimant was given Motrin and Tylenol with codeine for pain.
During this period of time in the Infirmary, claimant required a walker, but he was able to get up from his bed and transfer to a wheelchair, or to a commode when necessary, without assistance.
The medical records contain notations that claimant continuously complained of severe pain during this time, and that he was not receiving sufficient pain medication. Additionally, the records reflect that claimant often refused to have his dressings changed, due to the pain involved.
On August 2, 1995, claimant was transferred to Walsh Medical Center, where he remained for approximately one month, until August 31, 1995. As set forth in the medical records, claimant was in constant pain upon his admission to Walsh Medical Center, but began to show significant healing and improvement of his burns shortly after his admission. The medical records indicate that by the time he was discharged from Walsh Medical Center on August 31, 1995, claimant had shown significant improvement, and he was able to walk without requiring a walker by that time.
Upon his discharge from Walsh Medical Center, he was transferred to the Infirmary at Mid-State Correctional Facility, where he remained for approximately two weeks, until September 12, 1995.
Upon his release from the Infirmary, claimant continued to receive topical treatment for his burns, and medication for pain relief, until April, 1996. There was no testimony from claimant, or through the introduction of any other medical records, to indicate that claimant received any medical treatments for his injuries subsequent to that date.
The medical records also establish that claimant was born on December 29, 1959, and, therefore, was 47 years of age at the time of the damages trial.
As mentioned above, the report prepared by Enrique Armenta, M.D., the plastic surgeon who performed an Independent Medical Examination of claimant, was received into evidence (Exhibit A). In his report, Dr. Armenta described the appearance of claimant's legs as follows:
"On the left side there is a segment 18" all the way from the knee to the
foot, and all the way around the ankle and mid leg [sic] and going only on
isolated spots around both sides of the leg. The posterior aspect of the leg,
the discolored skin measures 13" high and it is almost completely circumferential.
On the right leg there is a discoloration of the skin in the lower and middle third portion, measuring 7" in height but complete circumference, which is about 8" to 9".
The discolored area is hyperpigmented; in some areas there is loss of pigmentation. The quality of skin is thinner and dryer but there is no evidence of ulcerations and the patient doesn't complain of any breakdowns or any cold intolerance or any functional problems, except that it feels tight."
Based upon his examination, Dr. Armenta concluded that claimant had sustained second-degree burns in this accident, but he found no evidence of any third-degree burns. Furthermore, Dr. Armenta noted that his scars were permanent, and that claimant can expect to encounter problems in the future due to the hyperpigmentation and thinness of the skin, if his legs are exposed to the sun. He did not find any limitations on motion, and no evidence of any functional problems except for some symptoms of tightness, which he also found to be of a permanent nature.
During his trial testimony, the Court personally reviewed the scarring which is evident on both legs.
Based upon the trial testimony, as well as the medical records received into evidence, the Court finds that claimant suffered severe pain immediately following his fall into the pot of boiling water, and that this pain continued during the various courses of treatment he received for his burns. The medical records establish that claimant continuously received pain medication, which was required not only for the pain caused by his fall, but also for the treatments that he received for his burns. Furthermore, it has been established that claimant was confined, either to prison infirmaries or the Walsh Medical Center, for approximately two months following his accident, during which time claimant received intensive and painful treatments. The medical records also establish that even after his discharge from the Infirmary at Mid-State Correctional Facility, claimant continued to receive treatment and medication for his injuries while incarcerated.
Furthermore, based upon the Court's personal examination of claimant's legs, as well as the report made by Dr. Armenta, the Court finds that claimant has extensive scarring between the ankle and knee of each leg, and that this scarring appears to be permanent in nature. His legs, in different areas, exhibit both a loss of pigmentation and hyperpigmentation, and claimant testified to tightness in both legs due to the scarring.
There was no testimony or any evidence of any economic loss suffered by claimant as a result of the injuries suffered by him in this accident.
Accordingly, based upon the foregoing findings and the entire trial record, the Court finds that claimant has suffered damages of $120,000.00 for past pain and suffering, and $40,000.00 for future pain and suffering, resulting in total damages of $160,000.00. This award must be reduced by the percentage of claimant's comparative fault as found in this Court's prior Decision on liability. As a result, after applying claimant's 30% comparative fault to the total award, the Court hereby awards claimant the sum of $112,000.00.
The amount awarded herein shall carry interest at the rate of 9% per year from the date of the determination of liability on March 21, 2006 (Dingle v Prudential Prop. & Cas. Ins. Co., 85 NY2d 657; Love v State of New York, 78 NY2d 540).
LET JUDGMENT BE ENTERED ACCORDINGLY.
August 30, 2007
Syracuse, New York
HON. NICHOLAS V. MIDEY JR.
Judge of the Court of Claims
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[1]. Unpublished decisions and selected orders of the Court of Claims are available via the Internet at http://www.nyscourtofclaims.state.ny.us/decisions.
[2]. Unless otherwise indicated, all references and quotations are taken from the Court's trial notes.