New York Prisoner $95,000
A New York Court of Claims has awarded state prisoner Laurie Kellogg $95,000 for injuries sustained from a slip and fall accident in a laundry room at Bedford Hills Correctional Facility on November 7, 1999.
Kellogg was working and drying her clothes, using the laundry rooms automated washing machine, which had a pump-and-tube apparatus that injected detergent into the machines bucket upon commencement of the wash cycle. As she was walking near the machine, Kellogg slipped on a puddle that had leaked from the dispenser. She fell and sustained multiple injuries.
At a prior liability trial, the court found the state was 100% liable for Kelloggs injuries, which were caused by negligent maintenance of the dispenser, causing a dangerous condition.
After the fall, Kellogg experienced sharp arm, chest, and shoulder pain after she fell. She had no right-hand strength and could not lift her arm higher than her shoulder, making dressing difficult.
An orthopedic surgeon diagnosed Kellogg with scopular-muscle weakness, rotor-cuff tendonitis, and arthritic changes in her acromioclavicular joint. She had arthroscopic surgery to correct her tendonitis with impingement syndrome. Later, she had surgery again to remove thickened tissue and shave the bone.
Because her stitches were not removed within 7-10 days as recommended, Kellogg removed them herself. She was in a sling for 30 days rather than the two weeks the doctor prescribed. Rather than start physical therapy after three days, she was given none until three months later. This prolonged her recovery period and caused a frozen shoulder.
For her past pain and suffering, the court awarded Kellogg $95,000, on March 3, 2005. She was represented by Joseph Monaco of New York. See: Kellogg v. New York, Court of Claims, White Plains, Case No. 101872.
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Related legal case
Kellogg v. New York
|Cite||Court of Claims, White Plains, Case No. 101872|
|Level||Court of Claims|