New York State Court of Claims

New York State Court of Claims

TINNELL v. THE STATE OF NEW YORK, #2000-005-558, Claim No. 98023, Motion No. M-62215


Synopsis


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

Case Information

UID:
2000-005-558
Claimant(s):
SAMUEL TINNELL
Claimant short name:
TINNELL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
98023
Motion number(s):
M-62215
Cross-motion number(s):

Judge:
Donald J. Corbett, Jr.
Claimant's attorney:
Samuel TinnellPro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Louis J. Tripoli, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
September 20, 2000
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


On September 13, 2000, the following papers, numbered 1 to 3, were read on motion by Claimant for the production of certain documents and witnesses for his trial on October 5, 2000:

1, 2 Notice of Motion and Affidavit Annexed

3 Filed Papers: Claim

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



The underlying claim herein seeks damages for the alleged negligent practice of medicine by Dr. Anthony Graceffo and Dr. Gregory Matthew, both of whom engage in the practice of medicine at Auburn Correctional Facility. Claimant alleges, inter alia, that the doctors' refusal to give him reasonable and adequate medical care has caused him prolonged pain and further injury, essentially commencing from on or about February 9, 1998.

In this motion, Claimant is seeking the testimony of Inmate William Emerson (DIN 94-B-0477) who purportedly would corroborate the injuries about which Claimant complained.

Second, Claimant seeks the testimony of Physician's Assistant (PA) Richard Laux, to show that the said doctors are "lax in their duties as health professionals." He also seeks Nurse Administrator Chris Coyne to explain why Auburn nurses don't follow proper rules and regulations during sick call.

I decline to direct the testimony of Nurse Administrator Coyne, because the claim alleges the negligent practice of medicine by two doctors, not by nurses, and thus her prospective testimony does not appear relevant or material.

I decline to direct P.A. Laux to testify because Claimant fails to explain to me how a physician's assistant is qualified to express an expert opinion about laxity of duty by doctors as health care professionals. I will permit the testimony of Inmate Emerson, whom I believe is housed at Auburn Correctional Facility, if he is willing to testify, as he allegedly can corroborate certain allegations made by Claimant. Additionally, the Defendant has not opposed his testimony. The Defendant shall produce Inmate Emerson without the necessity of subpoena, if he is willing to testify.

Claimant also seeks all his health care records from July 1996 until the present, along with x-rays and consultation reports, and the Defendant is directed to produce the same at the trial herein without the necessity of subpoena.


September 20, 2000
Rochester, New York

HON. DONALD J. CORBETT, JR.
Judge of the Court of Claims