$130,000 Awarded to New York Prisoner Injured From Top Bunk Fall

by David Reutter

A New York Court of Claims has awarded $130,000 to a prisoner who was injured after negligently being assigned a top bunk against medical directions.

Prisoner, Jon Sumpter, fell about six feet on November 17, 2003, while attempting to descend from his assigned top bunk at Downside Correctional Facility. A similar fall on October 21, 2004, only resulted in a shoulder blade injury, but it also resulted in a medical recommendation for lower bunk placement.

That medical direction, however, was ignored, resulting in a November 17, 2004 fall that caused Sumpter to land on “his buttocks and his lower back.” A physician’s assistant examination on November 21 found that Sumpter’s injuries were consistent with a fall from an upper bunk.

A November 26, 2004 X-ray found degeneration in the L5 vertebrae. A 2007 MRI found “Moderately severe degenerative disc space and end plate changes at L4-5 and L5-51 with a tiny central, posterior disc herniation at L5-51.” Medical notes further indicated that, “Although not causing any neural impingement, this may be causing considerable local discomfort.”

The Court of Claims found the state entirely responsible for the fall. It found “Sumpter experienced pain and suffering and has experienced a permanent partial limitation of the flexibility and range of motion of his spine.” The court’s August 30, 2012 judgment awarded $30,000 for past pain and suffering, $100,000 for future pain and suffering, and recovery of the filing fee. Sumpter was represented by attorney Michael Rubin. See: Sumpter v. New York, New York Court of Claims, UID no. 2012-030-025, Claim no. 110098.

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