Joseph v. State

Appellate Division of the Supreme Court of New York

Joseph v. State

222 A.D.2d 558, 635 N.Y.S.2d 99, 1995 N.Y. App. Div. LEXIS 12979

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 18, 1995

StatusPublished

This text of 222 A.D.2d 558 (Joseph v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Joseph v. State, 222 A.D.2d 558, 635 N.Y.S.2d 99, 1995 N.Y. App. Div. LEXIS 12979 (N.Y. Ct. App. 1995).

Pincite

Opinion

—In a claim to recover damages based, inter alia, on medical malpractice, the claimant appeals, on the ground of inadequacy, from a judgment of the Court of Claims (Silverman, J.), dated June 17, 1993, which is in his favor in the principal sum of $2,500.

Ordered that the judgment is affirmed, without costs or disbursements.

The appellant is an inmate in a State prison who, prior to his incarceration, had undergone skin graft surgery on his eyelids. As a result of this condition, the appellant suffered what the Court of Claims characterized as "extreme pain”, as well as temporary blindness, after a delousing agent had been applied to him during routine intake procedures. The Court of Claims awarded the appellant the sum of $2,500 "for past pain and suffering”. Considering the appellant’s pre-existing eye condition, for which the State bore no responsibility, and all the other factors relating to the appellant’s proof of damages, we conclude that the sum awarded was not inadequate.

The appellant’s remaining contentions are meritless. Ritter, J. P., Altman, Friedmann and Florio, JJ., concur.

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—In a claim to recover damages based, inter alia, on medical malpractice, the claimant appeals, on the ground of inadequacy, from a judgment of the Court of Claims (Silverman, J.), dated June 17, 1993, which is in his favor in the principal sum of $2,500.

Ordered that the judgment is affirmed, without costs or disbursements.

The appellant is an inmate in a State prison who, prior to his incarceration, had undergone skin graft surgery on his eyelids. As a result of this condition, the appellant suffered what the Court of Claims characterized as "extreme pain”, as well as temporary blindness, after a delousing agent had been applied to him during routine intake procedures. The Court of Claims awarded the appellant the sum of $2,500 "for past pain and suffering”. Considering the appellant’s pre-existing eye condition, for which the State bore no responsibility, and all the other factors relating to the appellant’s proof of damages, we conclude that the sum awarded was not inadequate.

The appellant’s remaining contentions are meritless. Ritter, J. P., Altman, Friedmann and Florio, JJ., concur.

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Bluebook (online)

222 A.D.2d 558, 635 N.Y.S.2d 99, 1995 N.Y. App. Div. LEXIS 12979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-v-state-nyappdiv-1995.