New York State Court of Claims

New York State Court of Claims

CARGILL v. THE STATE OF NEW YORK, #2000-005-538, Claim No. 95905, Motion No. M-62169


Synopsis


Claimant's motion for the production of certain documents and witnesses for trial is granted to extent noted, and otherwise denied.

Case Information

UID:
2000-005-538
Claimant(s):
ALCIMUS CARGILL
Claimant short name:
CARGILL
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
95905
Motion number(s):
M-62169
Cross-motion number(s):

Judge:
Donald J. Corbett, Jr.
Claimant's attorney:
Alcimus CargillPro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Timothy P. Mulvey, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 18, 2000
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On August 16, 2000, the following papers, numbered 1 to 4, were read on motion by Claimant for the production of certain documents and witnesses for the trial of his claim:

1, 2 Notice of Motion and Affidavit Annexed

3 Defendant's Opposition Dated August 11, 2000

4 Filed Papers: Claim

Upon the foregoing papers, this motion is granted to the extent noted and otherwise denied.

The claim herein alleges the negligence of the Defendant in failing to adequately maintain the lighting fixtures in the ceiling of the exercise yard of the Special Housing Unit (SHU) at Auburn Correctional Facility on March 21, 1997, allegedly caused serious injury to Claimant when glass and debris struck him on the head and facial area. Claimant alleges that such dangerous condition existed for approximately one year prior to the accident.

Claimant seeks the appearance of Inmate Floyd Chase to provide testimony about the condition of the light fixture before the incident in question, and can dispute what he believes will be the Defendant's intent to show that Claimant created the hazard and negligently broke the light bulb which caused the injury in question.

Claimant also seeks Nurse Androsko, an employee at Auburn, in particular to explain why she did not acquire Claimant's signature to the inmate accident report, as well as questioning her about Claimant's condition.

Finally, Claimant seeks Fire and Safety Officer Don Dodge, who allegedly was not on duty on March 21, 1997, and did not inspect the North yard exercise area as Defendant purportedly claims. He also contends that C.O. Dodge will provide testimony about "inmate prevention and injury measures" in place at the time of the injury.

Claimant seeks to offer his medical records with respect to the injuries allegedly sustained herein, and to establish that he had no prior eye injuries.

He also seeks production of the SHU's log book entry page for March 21, 1997, to show that C. O. Dodge was not on duty and did not report to the accident site on March 21, 1997.

In response the Defendant avers that it will produce the aforesaid medical records at trial, and that such medical records obviate the need for Nurse Androsko's testimony. I concur, and find that the medical records should be adequate, at this time, for a description of Claimant's medical condition and treatment.

With respect to the SHU log book entry page for March 21, 1997, C. O. Dodge's appearance as a witness at this trial does not obviate the potential use of this document for the purpose Claimant seeks, as noted above. Accordingly, to the extent that such log book entry page for March 21, 1997 exists, Defendant is directed to have a copy thereof available at trial. Since the Defendant intends to call C. O. Dodge to testify, it is not necessary for me to direct his appearance and availability to appear as a witness at the trial.

With respect to the requested testimony of Inmate Floyd Chase, I decline at this time to direct his appearance at trial, reserving the prospect of his testimony at an adjourned date should I deem it in the interests of justice.

Accordingly the motion herein is granted to the extent noted, and otherwise denied.


August 18, 2000
Rochester, New York
HON. DONALD J. CORBETT, JR.
Judge of the Court of Claims