Prisoner Wins $1K for Too-Hot Heating Pad; State's Request to Dismiss for Late Filing Denied
Prisoner Wins $1K for Too-Hot Heating Pad; State's Request to Dismiss for Late Filing Denied
After a trial in the New York Court of Claims, a state prisoner was awarded $1,000 after a heating pad he was given in physical therapy burned his leg. The State's motion to dismiss the case because it was not filed properly was denied.
In July 2008, Harry Morales, then a prisoner at the Green Haven Correctional Facility in New York, attended a physical therapy (PT) session for his injured knee. At that time a PT nurse placed a heating pad on his knee and wrapped it in two towels. Morales felt that the heating pad was "too hot," but did not complain about it and went about doing his exercises. Later, while showering back in his housing unit, Morales looked down and noticed a "big lump" on his leg.
Morales then returned to the prison clinic, where they applied burn cream and told him to return once a week to redress the wound. As a result of the burn, Morales was left with a brown scar the size of a "pinkie fingertip."
Morales then filed a claim for medical negligence, alleging that his leg was burned due a heating pad that was too hot.
Prior to filing a lawsuit, New York law requires that a prisoner first file a notice of Intention (NI) with the attorney general's office by registered mail within 90 days. Morales, however, filed his NI via regular mail only. In its answer to Morales' complaint, the state briefly raised the defense that he did not properly file his NI and thus Morales' lawsuit should be dismissed.
The court first addressed the defendant’s motion to dismiss. Holding that the state did not properly raise this defense "with particularity," such defense was waived. The court ruled that when raising such a defense, the state is required to recite the facts upon which this defense is based, not just a conclusory statement alleging that claimant did not follow the rules pertaining to filing an NI. "Since the defense was not raised with sufficient particularity in the answer, (it) was therefore waived," wrote the court.
Turning to the merits of the case, the court found Morales to be a credible witness, and noted that his testimony and evidence was un-contradicted. The state did not call any witnesses.
Finding that Morales' scar was "fairly insignificant," and that his pain and suffering was limited to a "period of a week or more," the court awarded him damages in the amount of $1,000 plus recovery of the filing fee.
See: Morales v. The State of New York (NY Court of Claims), No. 2012-030-024, Claim No. 117085 (August 6, 2012).
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Related legal case
Morales v. The State of New York
| Year | 2012 |
|---|---|
| Cite | (NY Court of Claims), No. 2012-030-024, Claim No. 117085 (August 6, 2012) |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Damages | 1,000.00 |