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New York Prisoner Injured In Fall From Bunk Awarded $75
On October 14, 2004, a court of claims in Syracuse, New York, awarded $75
to a state prisoner who was injured when he fell from his improperly
assigned upper bunk.
Prisoners at the Cape Vincent Correctional Facility are typically housed in
two-man cells containing an upper and lower bunk. On June 29, 2002,
prisoner Michael Smith was attempting to climb down from the top bunk by
stepping onto a locker adjacent to the bunk. He fell and sustained multiple
injuries. Adding insult to his injuries, Smith was dropped from a gurney as
he was being transported to the infirmary. Smith remained in the infirmary
for three days before returning to his cell.
Smith had previously been issued a pass by the medical department in
February 2002 precluding him from assignment to an upper bunk. In May 2002
Smith left Cape Vincent to attend court proceedings at another prison. When
he returned to Cape Vincent on June 27, 2002, he was assigned to an upper
bunk. He complained but was not moved. Two days later, on June 29, Smith
fell while climbing down from the top bunk.
Smith sued the State of New York, pro se, alleging prison officials ignored
medical orders that prohibited his assignment to an upper bunk. Smith
claimed that as a result of the fall he suffered bruises to his right
abdomen, right leg, and right scapula, as well as two months of back pain.
Smith further claimed the injuries necessitated a change in his prison job
assignment.
At trial Judge Diane Fitzpatrick determined the State was 100% liable for
Smith's injuries. However, because Smith had not presented any expert
testimony, Fitzpatrick concluded his injuries and the job change could not
be wholly attributed to the bunk accident. Consequently, Fitzpatrick
awarded Smith $75 in damages. See: Smith v. State of New York, Syracuse
Court of Claims, Case No. 106573.
to a state prisoner who was injured when he fell from his improperly
assigned upper bunk.
Prisoners at the Cape Vincent Correctional Facility are typically housed in
two-man cells containing an upper and lower bunk. On June 29, 2002,
prisoner Michael Smith was attempting to climb down from the top bunk by
stepping onto a locker adjacent to the bunk. He fell and sustained multiple
injuries. Adding insult to his injuries, Smith was dropped from a gurney as
he was being transported to the infirmary. Smith remained in the infirmary
for three days before returning to his cell.
Smith had previously been issued a pass by the medical department in
February 2002 precluding him from assignment to an upper bunk. In May 2002
Smith left Cape Vincent to attend court proceedings at another prison. When
he returned to Cape Vincent on June 27, 2002, he was assigned to an upper
bunk. He complained but was not moved. Two days later, on June 29, Smith
fell while climbing down from the top bunk.
Smith sued the State of New York, pro se, alleging prison officials ignored
medical orders that prohibited his assignment to an upper bunk. Smith
claimed that as a result of the fall he suffered bruises to his right
abdomen, right leg, and right scapula, as well as two months of back pain.
Smith further claimed the injuries necessitated a change in his prison job
assignment.
At trial Judge Diane Fitzpatrick determined the State was 100% liable for
Smith's injuries. However, because Smith had not presented any expert
testimony, Fitzpatrick concluded his injuries and the job change could not
be wholly attributed to the bunk accident. Consequently, Fitzpatrick
awarded Smith $75 in damages. See: Smith v. State of New York, Syracuse
Court of Claims, Case No. 106573.
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Related legal case
Smith v. State of New York
| Year | 2004 |
|---|---|
| Cite | Syracuse Court of Claims, Case No. 106573 |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 75 |
| Injunction Status | N/A |