Opinion
# 2019-054-001 Claim No. 123537
01-09-2019
DAVID BROWN v. THE STATE OF NEW YORK
DAVID BROWN Pro Se HON. LETITIA JAMES Attorney General for the State of New York By: Jeane Strickland Smith, Assistant Attorney General
Synopsis
Res ipsa loquitur is applicable to this case and an inference of negligence to be drawn against the State. State 100% liabile.
Case information
| UID: | 2019-054-001 |
| Claimant(s): | DAVID BROWN |
| Claimant short name: | BROWN |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 123537 |
| Motion number(s): | |
| Cross-motion number(s): | |
| Judge: | WALTER RIVERA |
| Claimant's attorney: | DAVID BROWN Pro Se |
| Defendant's attorney: | HON. LETITIA JAMES Attorney General for the State of New York By: Jeane Strickland Smith, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | January 9, 2019 |
| City: | White Plains |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
This claim arises out of an incident that occurred during claimant's incarceration at Green Haven Correctional Facility (Green Haven) on March 11, 2013. The trial of this matter was unified and heard on January 7, 2019.
The uncontroverted evidence at trial established that on March 11, 2013, while claimant was participating in a program in the Inter-Faith room at Green Haven, a wall-mounted heater fell from the wall and struck claimant on his head. The area supervisor was notified. Claimant was escorted to the medical clinic and an investigation was conducted.
Claimant testified at trial and photographs of claimant and the heater were received into evidence (Ex. A), along with claimant's medical records from March 11, 2013 through April 22, 2013 (Exs. 3, 7); an Inmate Injury Report (Ex. 1), claimant's Inmate Grievance Complaint and the Investigation Report of claimant's complaint (Exs. 4, 6). The photograph of the top of claimant's head taken on March 11, 2013 depicts a barely noticeable cut (Ex. A, p 1).
Within the investigative report, the Maintenance Supervisor noted that the heater had fallen off the wall and it "appeared as if the bolts and nuts were rusty, but it should not have just fallen without any contact being made" (Ex. 4, p 4).
Claimant testified that he was taken to an outside hospital on the date of the incident and it was determined that he had suffered a mild concussion (Ex. 3, pp 9-18). Claimant testified that he suffered back pain and headaches for which he was given medication; however he did not recall the name of the medication. Claimant further testified that he continued to experience headaches for three years post-incident.
At the conclusion of claimant's case, the State moved to dismiss the claim for failure to establish a prima facie case. Claimant opposed the motion and the Court reserved decision on the motion. The State did not present any witnesses and renewed its motion to dismiss at the conclusion of the trial. Claimant opposed the motion and the Court reserved decision on the motion. Analysis
It is well established that the State has a duty to maintain its facilities in a reasonably safe condition (see Preston v State of New York, 59 NY2d 997 [1983]). The State, however, is not an insurer of the safety of its inmates and negligence cannot be inferred solely from the occurrence of an accident (see Killeen v State of New York, 66 NY2d 850 [1985]).
In order to prevail on his claim, claimant must show: the existence of a foreseeably dangerous condition; that the State created the condition or had either actual or constructive notice of the condition; that the State failed to remedy the condition within a reasonable time; that such condition was a proximate cause of claimant's accident; and that claimant sustained damages (see Gordon v American Museum of Natural History, 67 NY2d 836 [1986]; Mercer v City of New York, 223 AD2d 688 [2d Dept 1996], affd 88 NY2d 955 [1996]).
The Court finds that, upon consideration of all the evidence, the doctrine of res ipsa loquitur is applicable to this case and warrants an inference of negligence to be drawn against the State. In that regard, the Court considered the notation of the Maintenance Supervisor that the bolts and nuts of the heater were rusty, but that the heater should not have "just fallen without any contact being made" (Ex. 4, p 4). The Court finds that the Maintenance Supervisor's statement regarding contact with the heater, standing alone, without a live witness subject to cross-examination or any other corroborating evidence, is pure conjecture and not compelling. Rather, the Court finds that claimant established that: (1) the event is of a kind which ordinarily does not occur in the absence of negligence; (2) the instrumentality causing the event was within the exclusive control of defendant; (3) the event was not due to any voluntary action or contribution on the part of claimant (Dermatossian v New York City Tr. Auth. 67 NY2d 219, 226 [1986]; see Nikollbibaj v City of New York, 106 AD3d 789, 790 [2d Dept 2013]; Brink v Anthony J. Costello & Son Dev., LLC, 66 AD3d 1451 [4th Dept 2009]; Diovisalvo v Woodlawn Cemetery, 241 AD2d 348 [1st Dept 1997]). Accordingly, the Court finds that the State is 100% responsible for the happening of the accident.
Upon consideration of all the evidence, including claimant's testimony, the Court finds that the evidence supports a finding of $750.00 in damages for the injuries and past pain and suffering sustained by claimant as a result of the State's negligence.
It is further ordered that, to the extent that claimant has paid a filing fee, it may be recovered pursuant to Court of Claims Act §11-a (2).
LET JUDGMENT BE ENTERED ACCORDINGLY.
January 9, 2019
White Plains, New York
WALTER RIVERA
Judge of the Court of Claims