$35,000 Award to New York Prisoner Burned in Kitchen Accident
$35,000 Award to New York Prisoner Burned in Kitchen Accident
by David Reutter
A New York Court of Claims awarded $35,000 to a prisoner in a negligence suit seeking damages for injuries sustained while working in the prison kitchen. Having found the prisoner 20% liable, however, the court reduced to award to $28,000.
On May 8, 2004, while incarcerated at the Coxsackie Correctional Facility, prisoner John Prendergast was working as a cook in the kitchen. Boiling water got into his left boot. His foot felt like it “was on fire,” and Prendergast ran to the slop sink and ran cold water over his boot for about a minute. His foot still “felt like [it] had a piece of burning metal in it,” which caused him to take off his boot and run cold water over his foot for about two minutes.
He was subsequently taken to the prison infirmary. A doctor determined he had a second-degree burn; Prendergast was given Silvadene ointment, his wound was dressed, and he was given ibuprofen to treat, what Prendergast described as, “the worst pain I ever felt in my life.”
Over the next month, Prendergast was treated at the infirmary eight times. He remained in his cell with his foot elevated and a guard did him “a favor” by having his meals brought to him. He endured “intense pain” for three weeks. After six weeks, he was cleared to return to work.
The Court of Claims found he had experienced pain for six weeks, was uncomfortable with a diminishing level of pain though the summer of 2004, and was “fine” by October.
For his past pain and suffering, the court awarded $32,000. It also awarded $3,000 for future pain and suffering. The court’s March 26, 2012 liability order found Prendergast to be at 20% comparative fault for “failure to exercise ordinary care while pursuing a dangerous course of conduct.” As such, Prendergast, who was represented by attorney Andrew E. Plasse, received a reduced $28,000 award under the court’s June 27, 2013 damages order. See: Prendergast v. New York, New York Court of Claims, Case No. 2013-040-045, Claim No.114397.
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Related legal case
Prendergast v. New York
| Year | 2013 |
|---|---|
| Cite | New York Court of Claims, Case No. 2013-040-045, Claim No.114397 |
| Level | Court of Claims |
| Conclusion | Bench Verdict |
| Damages | 28,000 |