[DOWNLOAD] "Raymond M. Hare v. State New York" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Raymond M. Hare v. State New York
- Author : Supreme Court of New York
- Release Date : January 13, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
DECISION & ORDER The claimant, an X-ray technician, brought the instant claim alleging he had been injured as a result
of the State's negligence in failing to properly supervise a prison inmate who had been transferred to Richmond Memorial Hospital.
The inmate had been transferred to the hospital the night before the incident from Arthur Kill Correctional Facility, where
he had injured himself attempting to commit suicide by cutting his throat with a piece of glass. After receiving treatment
at the hospital, the inmate was placed in the intensive care unit where, the following day, he again attempted to commit suicide,
this time by suddenly grabbing a fork from a fellow patient and repeatedly stabbing himself in the throat. The claimant, who
was working nearby, heard a corrections officer cry out for help, and immediately responded by attempting to assist the officer
in subduing the inmate. During the violent struggle that ensued, the inmate bit the claimant on the right forearm, inflicting
a deep, open wound. Although two corrections officers had been assigned to guard the inmate, at the time of the incident the
second officer was away from his post purchasing food in the hospital cafeteria. The corrections officer who was present had
been posted outside the intensive care unit, stationed some distance from where the inmate's bed was located. The claimant
testified at trial that a nurse who observed the claimant's bite would, stated that, "this man [the inmate] may have AIDS".
There was no evidence adduced at trial, however, with respect to the basis of the nurse's assertion that the inmate may have
been suffering from Acquired Immune Deficiency Syndrome (hereinafter AIDS). After a trial, the Court of Claims found that the State had negligently failed to provide adequate supervision of the inmate
and that the State's negligence constituted a proximate cause of the claimant's injuries (see, Hare v State of New York, 143
Misc. 2d 281, 283-284). The court awarded damages to the claimant for pain and suffering, but denied recovery for damages
allegedly attributable to emotional distress resulting from the claimant's fear that he might have contracted AIDS from the
inmate. We affirm.