Montgomery General Hospital v. Division of Corrections

West Virginia Court of Claims

Montgomery General Hospital v. Division of Corrections

27 Ct. Cl. 126

CourtWest Virginia Court of Claims

DecidedAugust 4, 2008

DocketCC-08-0280

StatusPublished

This text of 27 Ct. Cl. 126 (Montgomery 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

Montgomery General Hospital v. Division of Corrections, 27 Ct. Cl. 126 (W. Va. Super. Ct. 2008).

Pincite

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 in the amount of $9,808.98 for the cost of medical services provided to inmates at the Mount Olive Correctional Complex. Respondent, in its Answer, admits the validity of the claim as well as the amount and further states that there were insufficient funds in its appropriation for the fiscal year in question from which to pay the claim.

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. v. Dep’t. of Mental Health, 8 Ct. Cl. 180 (1971).

Claim disallowed.

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