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$200 Awarded New York Prisoner for Fan Injury
A New York Court of Claims has awarded prisoner Tyrone Marsh $200 for
injuries incurred after a fan from his cell fell and hit him in the head.
While in his cell at Green Haven Correctional Facility on August 20, 2002,
a metal fan fell from the wall, Marsh was knocked unconscious and received
a 1-inch-long laceration that required two stitches to close.
Marsh claimed the prison was negligent in repairing the fan, which was
hanging from its wires and reported inoperable 15 days before the accident
by him and his cell mate. Moreover, New York State of Corrections Directive
4003 specifies that fans shall be constructed of plastic.
The Court found the state liable for Marshes injuries. No injury award
for future pain and suffering was awarded because Marsh, proceeding pro se,
presented no experts to support that claim. The Court, however, awarded
$200 for past pain and suffering. See: Marsh v. New York, New York Court
of Claims, White Plains, Case No. 106807.
injuries incurred after a fan from his cell fell and hit him in the head.
While in his cell at Green Haven Correctional Facility on August 20, 2002,
a metal fan fell from the wall, Marsh was knocked unconscious and received
a 1-inch-long laceration that required two stitches to close.
Marsh claimed the prison was negligent in repairing the fan, which was
hanging from its wires and reported inoperable 15 days before the accident
by him and his cell mate. Moreover, New York State of Corrections Directive
4003 specifies that fans shall be constructed of plastic.
The Court found the state liable for Marshes injuries. No injury award
for future pain and suffering was awarded because Marsh, proceeding pro se,
presented no experts to support that claim. The Court, however, awarded
$200 for past pain and suffering. See: Marsh v. New York, New York Court
of Claims, White Plains, Case No. 106807.
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Related legal case
Marsh v. New York
| Year | 2003 |
|---|---|
| Cite | New York Court of Claims, White Plains, Case No. 1 |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 200 |
| Injunction Status | N/A |