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$380 Awarded for Fall from NYDOCS 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 October 21, 2004.
On February 21, 2002, DCS prisoner Randolph Fagbewest was transported to
an off-site medical consultation. Afterward, a wooden stool was placed
beside the transport van, to help Fagbewest re-enter the van. As he stepped
on the stool, however, it tipped, causing him to fall and sustain a facial
laceration.
Fagbewest sued in state court pro se and the court found that it was
negligent for the state to have Fagbewest enter the van on an unsteady
stool and without assistance while...mechanically restrained. Therefore,
the state was liable for Fagbewest's injuries but concluded, those injuries
were superficial and minimal. Therefore, only $380 was awarded for past
pain and suffering. See: Fagbewest v. New York, Court of Claims No. 104241
(Binghamton).
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 October 21, 2004.
On February 21, 2002, DCS prisoner Randolph Fagbewest was transported to
an off-site medical consultation. Afterward, a wooden stool was placed
beside the transport van, to help Fagbewest re-enter the van. As he stepped
on the stool, however, it tipped, causing him to fall and sustain a facial
laceration.
Fagbewest sued in state court pro se and the court found that it was
negligent for the state to have Fagbewest enter the van on an unsteady
stool and without assistance while...mechanically restrained. Therefore,
the state was liable for Fagbewest's injuries but concluded, those injuries
were superficial and minimal. Therefore, only $380 was awarded for past
pain and suffering. See: Fagbewest v. New York, Court of Claims No. 104241
(Binghamton).
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Related legal case
Fagbewest v. New York
| Year | 2004 |
|---|---|
| Cite | Court of Claims No. 104241 (Binghamton) |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 380 |
| Injunction Status | N/A |