Braxton County Memorial Hospital v. Division of Corrections

West Virginia Court of Claims

Braxton County Memorial Hospital v. Division of Corrections

21 Ct. Cl. 182

CourtWest Virginia Court of Claims

DecidedApril 11, 1997

DocketCC-97-67

StatusPublished

This text of 21 Ct. Cl. 182 (Braxton County Memorial Hospital 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.

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Braxton County Memorial Hospital v. Division of Corrections, 21 Ct. Cl. 182 (W. Va. Super. Ct. 1997).

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Opinion

PER CURIAM:

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

Claimant seeks payment of $254.25 for medical services provided to an inmate in a county jail, but who should have been in the custody of the respondent. Respondent, in its Answer, admits the validity of the claim, but states that there were insufficient funds in its appropriation for the fiscal year in question from which to pay the invoice.

While the Court believes that this is a claim which in equity and good conscience should be paid, the Court 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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