New York State Court of Claims

New York State Court of Claims

JONES v. STATE OF NEW YORK, #2000-018-016, Claim No. 95985


Synopsis


Claim for injuries incurred as the result of the administration of the wrong prescription medication while claimant was an inmate. Claimant did not appear at trial. Medical records were admitted into evidence as well as letters from claimant's counsel. Claim dismissed for failure to establish a prima facie case.

Case Information

UID:
2000-018-016
Claimant(s):
SANFORD JONES
Claimant short name:
JONES
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
95985
Motion number(s):

Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
ANDREW F. PLASSE, ESQUIREJOSEPH R. TALARICO, ESQUIRE, of counsel at trial
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General of the State of New York
By: ED J. THOMPSON, ESQUIREAssistant Attorney General
Third-party defendant's attorney:

Signature date:
May 24, 2000
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision
Claimant filed a claim for damages for injuries allegedly sustained as a result of being administered the wrong prescription medication in April 1995 while an inmate at Cape Vincent Correctional Facility. This matter was scheduled for trial on May 15, 2000 by scheduling order dated April 2, 1999.

Claimant failed to appear for the trial of this matter. Claimant's medical records for the month of April 1995 were admitted into evidence. (See Exhibit 4) Also admitted into evidence were three letters from Andrew Plasse, Esquire, claimant's counsel, to claimant . One letter dated April 12, 1999, advises claimant of the trial date, (Exhibit 1); the next letter dated November 5, 1999, advises claimant that a motion to be released from further representation was made[1]
and it details claimant's likelihood of success on the merits (Exhibit 2). The last letter dated May 8, 2000, was sent by priority mail with confirmation of receipt, and reminds claimant that the claim is scheduled for trial[2] and that if he cannot attend due to health reasons or if he wished to discontinue the claim he needed to notify counsel, otherwise a failure to appear at trial might result in sanctions. (Exhibit 3). No other evidence was introduced on behalf of claimant.
Medical records alone, do not meet claimant's evidentiary burden. No proof was presented indicating what medication claimant was suppose to receive, what medication he did receive and what if any adverse effect or injury was caused by the wrong prescription medication having been dispensed. Without medical proof claimant cannot sustain his claim. (
See, e.g., Paul v Boschenstein, 105 AD2d 248, abrogated on other grounds by Spensieri v Lasky, 94 NY2d 231; Macey v Hassam, 97 AD2d 919).
The Court grants the defendant's motion to dismiss the claim. The Clerk is directed to enter judgment accordingly.



May 24, 2000
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims




[1]
The motion was denied pursuant to the Decision and Order of the Honorable Philip J. Patti, filed June 15, 1999, motion number M-59484.
[2]
The letter refers to the date of trial as May 16, 2000 although the actual trial date was May 15, 2000. However claimant did not appear for the trial on May 15, or May 16, 2000.