Monongalia General Hospital v. Division of Corrections

West Virginia Court of Claims

Monongalia General Hospital v. Division of Corrections

27 Ct. Cl. 238

CourtWest Virginia Court of Claims

DecidedFebruary 20, 2009

DocketCC-07-0341

StatusPublished

This text of 27 Ct. Cl. 238 (Monongalia General 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.

Bluebook

Monongalia General Hospital v. Division of Corrections, 27 Ct. Cl. 238 (W. Va. Super. Ct. 2009).

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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 Amended Answer.

Claimant seeks payment in the amount of $477.60 for medical services provided to an inmate at Huttonsville Correctional Center. Respondent, in its Amended Answer, admits the validity of the claim in this amount and further states that sufficient funds to pay the claim were not appropriated in its budget during the subject fiscal years.

While the Court believes that this is a claim which in equity and good [239]*239conscience should be paid, the Court further believes that an award cannot be recommended based upon the decision in Airkem Sales and Service, et al. v. Dep’t of Mental Health, 8 Ct. Cl. 180 (1971).

Claim disallowed.

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