Berry v. Division of Corrections

West Virginia Court of Claims

Berry v. Division of Corrections

21 Ct. Cl. 105

CourtWest Virginia Court of Claims

DecidedOctober 10, 1996

DocketCC-96-444

StatusPublished

This text of 21 Ct. Cl. 105 (Berry v. Division of Corrections) is published on Counsel Stack Legal Research, covering West Virginia Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berry v. Division of Corrections, 21 Ct. Cl. 105 (W. Va. Super. Ct. 1996).

Pincite

Opinion

PER CURIAM:

[106]*106This claim was submitted for a decision based upon the allegations in the Notice of Claim and the respondent’s Answer.

The claimant seeks payment of $190.00 for medical services provided to an inmate in the Anthony Center, a facility of the respondent.

In its Answer, the respondent admits the validity and amount of the claim, but states that there were insufficient funds expired in the appropriate fiscal year with which the invoice could have been paid.

While the Court believes that this is a claim which in equity and good conscience should be paid, the Court further believes that an award cannot be recommended based upon the decision in Airkem Sales and Service, et al. vs. Dept. of Mental Health, 8 Ct. Cl. 180 (1971).

Claim disallowed.

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