New York State Court of Claims

New York State Court of Claims

MOLLING v. THE STATE OF NEW YORK, #2002-013-508, Claim No. 92742


Synopsis


Claim was dismissed at trial at the close of Claimant's case on the ground that he failed to prove that an assault occurred.

Case Information

UID:
2002-013-508
Claimant(s):
THEODORE F. MOLLING, II
Claimant short name:
MOLLING
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
92742
Motion number(s):

Cross-motion number(s):

Judge:
PHILIP J. PATTI
Claimant's attorney:
THEODORE F. MOLLING, II, Pro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General of the State of New York
BY: WILLIAM LONERGAN, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
February , 2002
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a claim for personal injury which arose on August 24, 1995 at Wende Correctional Facility, when Claimant alleges that he was assaulted while unconscious.

Claimant testified that the assault occurred at approximately 7:00 a.m. during a regular morning count. Claimant was still in his single cell and was unconscious, having overdosed on drugs (heroin) the night before. He determined later that he had been beaten because of the injuries to his body and statements from a witness.[1]
He concluded that the beating was inflicted by correction officers because only they would have had keys to the cell. He regained consciousness at the facility infirmary sometime later that day.
Five days later Claimant was sent to Erie County Medical Center (ECMC), suffering from renal failure, seizures and a compression fracture of T6, which was discovered following a seizure. He remained hospitalized until October 1, 1995. When he returned to the facility, he was denied medication that had been prescribed for him to relieve his pain. Claimant stated that he continues to suffer pain along the sciatic nerve, causing extreme pain in his left foot.

At the close of Claimant's case, counsel for Defendant moved to dismiss the claim on the ground the Claimant failed to prove a prima facie case. I granted this motion, as there was no evidence on which I could base a finding even that there was an assault. Claimant has no memory of relevant events; the medical records contain no indications that Claimant had been beaten or struck; and the bruising and pain of which he complains are just as easily, if not more easily, explained by the seizures and other effects of his ingestion of heroin.

The Chief Clerk is directed to enter judgment dismissing the claim.

All motions not heretofore ruled upon are now denied.

LET JUDGMENT BE ENTERED ACCORDINGLY.


February , 2002
Rochester, New York

HON. PHILIP J. PATTI
Judge of the Court of Claims




  1. [1]At trial, Claimant attempted to present the written statement of a witness. Upon objection by the State, I declined to allow the statement into evidence.