NY judge finds state 70% liable for inmate injury

A New York State Court of Claims judge has ruled that the state is 70% liable for injuries sustained by a prison inmate who got his foot stuck in a drain hole in a bathroom and fell.

The liability trial took place on July 23 and July 24 in Utica.

“The Court finds that the claimant bears some culpability for his fall. Accordingly, the Court apportions 30% liability for the trip and fall to claimant and 70% liability to defendant,” Judge Anthony Brindisi wrote.

“A trial on the matter of damages will be scheduled by the Court as soon as practicable. The parties are encouraged to consider alternative dispute resolution for the ascertainment of damages,” he wrote.

The inmate, Raheem Martin, sought damages for an injury suffered on June 2, 2019, when his left foot got stuck in an uncovered drain hole in the floor of a bathroom at Mid-State Correctional Facility, in Oneida County.

After he finished using the toilet, Martin walked across the bathroom to the sinks on the opposite side to wash his hands. To see himself in the mirror, Martin took a couple steps back after he washed his hands.

He looked out the window to his right, then turned and took a couple of steps toward the window. When he took his second step, his left foot stepped directly into an uncovered drain hole in the floor. His left ankle twisted, and he fell forward.

Other inmates reported the incident, and Martin was carried on a stretcher to a van in front of the housing unit. He was taken to the infirmary where he told the nurse about the incident.

He told the nurse that, when his foot went into the drain, he twisted his ankle which caused him to fall. During his conversation with the nurse, there were two guards in the infirmary. Martin testified that the guards said the drain hole had been uncovered for a long time.

Martin testified that he saw the uncovered drain hole in the bathroom prior to the date of the incident. According to Martin, the drain hole was large enough to fit a “small basketball.”

He testified that he reported the uncovered drain hole to guards before the incident.

Martin conceded that he used the bathroom a couple times on the day of the incident prior to the injury. When he used it earlier that day, he conceded that the drain hole was uncovered.

A work order dated March 27, 2019, requested that the drain cover be resecured in the bathroom. The work order stated that the drain cover was in the unit officer’s office. According to the work order, it was assigned to a plumber on April 1, 2019.

Another work order dated June 3, 2019, was submitted to have the drain cover resecured. That work order also was assigned to a plumber.

A prison official testified that the work order indicated that the work was completed on June 4, 2019, after Martin was injured.

“The record establishes that the defendant had actual notice. The defendant’s actual notice of the condition is established by the work order dated March 27, 2019, requesting the drain cover be resecured,” Brindisi wrote.

“In addition, the claimant testified that he complained to the unit officers about the missing drain cover prior to the incident. In response, the unit officers informed the claimant that they would submit a work order to have it addressed,” Brindisi wrote.

A report on the incident prepared by a prison official stated that the drain cover was in the unit officer’s office for several days prior to the incident, Brindisi noted.

“The record here establishes that the defendant had constructive notice of the condition. The testimony, as well as the March 27, 2019, work order, show the condition existed and was not remedied for over two months prior to the incident,” Brindisi wrote.

“It is reasonable to expect that an open drain hole … large enough for a man’s foot to fit into it should have been discovered and remedied prior to the claimant’s incident,” he wrote.

“Although the claimant has established the defendant’s liability for the incident, he is not without culpability for his fall and the injuries he suffered,” he wrote.

[email protected] / (585) 232-2035