New York State Court of Claims

New York State Court of Claims

PALMA v. THE STATE OF NEW YORK, #2001-010-054, Claim No. 94009


Synopsis


Inmate slip and fall dismissed on basis of lack of credible evidence.

Case Information

UID:
2001-010-054
Claimant(s):
FELIPE PALMA
Claimant short name:
PALMA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
94009
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
FELIPE PALMAPro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 9, 2001
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant, an inmate proceeding
pro se, seeks damages for personal injuries that he allegedly sustained on December 27, 1994 when he purportedly tripped and fell on a rock located in the corridor outside his cell at Sing Sing Correctional Facility.
The State, in its capacity as a landowner, has a duty to maintain its facilities in a reasonably safe condition (
Preston v State of New York, 59 NY2d 997). This duty extends to the State's correctional facilities and encompasses a duty to protect inmates from foreseeable risks of harm due to defective or dangerous conditions (see, Kandrach vState of New York, 188 AD2d 910). The State, however, is not an insurer of the safety of its premises and negligence cannot be inferred solely from the occurrence of an accident (see, Killeen v State of New York, 66 NY2d 850, Condon v State of New York, 193 AD2d 874).
In order to prevail on his claim, claimant must show: the existence of a foreseeably dangerous condition; that the State created the condition or had either actual or constructive notice of the condition; that the State failed to remedy the condition within a reasonable time; that such condition was the proximate cause of claimant's accident; and that claimant sustained damages (
see, Gordon v American Museum of Natural History, 67 NY2d 836; Ligon v Waldbaum Inc., 234 AD2d 347; Mercer v City of NewYork, 223 AD2d 688, affd 88 NY2d 955).
Claimant failed to present any evidence regarding the length of time that the rock had been in the corridor. Thus, claimant failed to establish that the defendant had either actual or constructive notice of a foreseeably dangerous condition and that the State failed to remedy such condition within a reasonable time. Accordingly, defendant's motion to dismiss, upon which decision was reserved, is GRANTED.

LET JUDGMENT BE ENTERED DISMISSING CLAIM NO. 94009.


August 9, 2001
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims