New York State Court of Claims

New York State Court of Claims

GUZMAN v. STATE OF NEW YORK, #2003-018-248, Claim No. 104526


Synopsis


Court granted defendant's motion to dismiss based upon claimant's failure to: establish that any dangerous condition existed; establish that the State had created the dangerous condition; or the State had notice of the dangerous condition - either constructive or actual.

Case Information

UID:
2003-018-248
Claimant(s):
JORGE GUZMAN The Court has amended the caption sua sponte to reflect the State of New York as the only proper defendant.
Claimant short name:
GUZMAN
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK
Footnote (defendant name) :
The Court has amended the caption sua sponte to reflect the State of New York as the only proper defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104526
Motion number(s):

Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
JORGE GUZMANPro Se
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: JOEL L. MARMELSTEIN, ESQUIREAssistant Attorney General
Third-party defendant's attorney:

Signature date:
September 4, 2003
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Mr. Guzman testified that while he was working as an inmate-cook at Gouverneur Correctional Facility, he was asked to clean the hood of a stove or range on April 19, 2001. To do so, because he is shorter than other inmates, he was standing on a steamer. While he was polishing the hood, a part of the hood, approximately three-and-one-half feet long fell and hit him in the head. He spent two hours in the clinic where he received treatment for a cut which was approximately one inch long. Six or seven steri-strips were used to close the wound. For approximately two-and-one-half months, the nerves in his face bothered him, and the side of his face would go numb on occasion, but he had fully recovered at the time of trial. Claimant said he believed a screw was loose on the hood which caused it to fall. At the close of claimant's case, the State moved to dismiss for failure to establish any dangerous condition existed, or that the State had created a dangerous condition, or had notice of the condition, either constructive or actual. The Court must grant the State's motion to dismiss for the failures as set forth by the State in its motion. The case is hereby DISMISSED. LET JUDGMENT BE ENTERED ACCORDINGLY.


September 4, 2003
Syracuse, New York

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