New York State Court of Claims

New York State Court of Claims

MOREL v. STATE OF NEW YORK, #2006-018-536, Claim No. 108816


Synopsis


Claim is dismissed. Claimant failed to prove that the State had notice or knowledge that the weights were not in a reasonably safe condition, nor did Claimant prove that his injury was causally related to the broken weight.

Case Information

UID:
2006-018-536
Claimant(s):
PEDRO MOREL
1 1.The Court has amended the caption sua sponte to reflect the State of New York as the only proper defendant.
Claimant short name:
MOREL
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):
108816
Motion number(s):

Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant’s attorney:
PEDRO MORELPro 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:
November 29, 2006
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant seeks damages from the State of New York for an injury he sustained while an inmate at Watertown Correctional Facility (hereinafter WCF). Claimant testified that on October 24, 2003, he was in the weight room at WCF lifting weights and doing pullovers with an 80 lb. dumbbell when the weight broke and a large piece hit him on the left side of his face, chin, neck, and shoulder. As a result, Claimant suffered a neck and shoulder injury. At trial, Claimant complained that he still suffered with right shoulder pain, although his neck injury is better. Claimant asserts that the State has failed to properly evaluate his shoulder injury as no MRI has been performed. He has to take pain medication for his on-going shoulder pain.

Defendant moved to dismiss the claim at the close of Claimant’s proof. That motion is now granted. Claimant failed to prove that the State had notice or knowledge that the weights were not in a reasonably safe condition. Nor did Claimant prove that his shoulder injury was causally related to the broken weight.

The State presented proof that the weights are inspected daily and were inspected the morning of Claimant’s accident. Exhibit A, which was undisputed, established that the weight broke from the inside, a latent defect which could not be detected.[2]

The claim is hereby DISMISSED. LET JUDGMENT BE ENTERED ACCORDINGLY.


November 29, 2006
Syracuse, New York

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




[2].See Exhibit A.