Opinion
# 2017-054-012 Claim No. 124330
11-09-2017
DAVID RAMOS v. THE STATE OF NEW YORK
DAVID RAMOS Pro Se HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York By: Douglas R. Kemp, Assistant Attorney General
Synopsis
Bailment claim, claimant failed to make a prima facie case.
Case information
| UID: | 2017-054-012 |
| Claimant(s): | DAVID RAMOS |
| Claimant short name: | RAMOS |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 124330 |
| Motion number(s): | |
| Cross-motion number(s): | |
| Judge: | WALTER RIVERA |
| Claimant's attorney: | DAVID RAMOS Pro Se |
| Defendant's attorney: | HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York By: Douglas R. Kemp, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | November 9, 2017 |
| City: | White Plains |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The trial of this bailment claim was heard on November 6, 2017 via video conferencing technology.
The State, as a bailee of an inmate's personal property, owes a common law duty to secure the property in its possession (see Pollard v State of New York, 173 AD2d 906 [3d Dept 1991]). A rebuttable presumption of negligence arises where it is established that the property was delivered to defendant with the understanding that it would be returned to claimant and that defendant subsequently failed to return the property or returned it in a damaged condition (see Reed v Cornell Univ., 138 AD3d 816 [2d Dept 2016]). Claimant's failure to make a prima facie showing requires dismissal of the claim. If, however, claimant makes a prima facie showing, then there is a presumption of liability and the burden shifts to defendant to come forward with evidence to overcome the presumption by establishing a non-negligent explanation for the loss of claimant's property.
Upon consideration of all the evidence, the Court finds that claimant failed to make a prima facie showing that the State should be held liable for the loss of claimant's legal papers, photographs and personal letters during claimant's incarceration in the State correctional system. There was evidence presented that, pursuant to claimant's direction, the allegedly lost items were mailed out of the correctional facility to claimant's sister (Claimant's Exs. 1-3; Defendant's Exs. A-D). Whether the mailed items included claimant's missing legal papers and whether all the items were received by claimant's sister was not established at trial by a preponderance of the credible evidence (Claimant's Exs. 3-6, 9; Defendant's Exs. A-D).
Claimant did not pursue a claim against the U.S. Postal Service for any undelivered items despite having secured insurance (Defendant's Ex. B). --------
Accordingly, the Court finds that claimant failed to establish, by a preponderance of the credible evidence, that the State should be held liable for the loss of claimant's property (see Grecco v Corbis Sygma, 281 AD2d 239 [1st Dept 2001]).
Thus, the claim is dismissed.
LET JUDGMENT BE ENTERED DISMISSING CLAIM NO. 124330.
November 9, 2017
White Plains, New York
WALTER RIVERA
Judge of the Court of Claims