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$380 Awarded for fall from NYDCS Transport Van
A New York State court held that the New York Department of Correctional
Services (DCS) was liable for injuries a prisoner sustained when he fell
from a transport van. Finding minimal, superficial damages, the court
awarded $380.
On February 21, 2001, DCS prisoner Randolph Faber West was transported to
an off-site medical consultation. Afterward, a wooden stool was placed
beside the transport van, to help Faber West re-enter the van. As he
stepped on the stool, however, it tipped, causing him to fall and sustain a
facial laceration.
West sued in the state court of claims and on October 21, 2004, the court
found that it was negligent for the state to have Faber West enter the van
on an unsteady stool and without assistance while...mechanically
restrained. Therefore, the state was liable for Wests injuries but
concluded; those injuries were superficial and minimal. Therefore,
only $380 was awarded for past pain and suffering. See: Faber West v. New
York, Court of Claims No. 104241 (Binghamton 10/21/04).
Services (DCS) was liable for injuries a prisoner sustained when he fell
from a transport van. Finding minimal, superficial damages, the court
awarded $380.
On February 21, 2001, DCS prisoner Randolph Faber West was transported to
an off-site medical consultation. Afterward, a wooden stool was placed
beside the transport van, to help Faber West re-enter the van. As he
stepped on the stool, however, it tipped, causing him to fall and sustain a
facial laceration.
West sued in the state court of claims and on October 21, 2004, the court
found that it was negligent for the state to have Faber West enter the van
on an unsteady stool and without assistance while...mechanically
restrained. Therefore, the state was liable for Wests injuries but
concluded; those injuries were superficial and minimal. Therefore,
only $380 was awarded for past pain and suffering. See: Faber West v. New
York, Court of Claims No. 104241 (Binghamton 10/21/04).
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Related legal case
Faber West v. New York
| Year | 2004 |
|---|---|
| Cite | Court of Claims No. 104241 (Binghamton 10/21/04) |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 380 |
| Injunction Status | N/A |