Ohio Valley Medical Center v. Division of Corrections

West Virginia Court of Claims

Ohio Valley Medical Center v. Division of Corrections

23 Ct. Cl. 260

CourtWest Virginia Court of Claims

DecidedDecember 20, 2000

DocketCC-00-436

StatusPublished

This text of 23 Ct. Cl. 260 (Ohio Valley Medical Center 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

Ohio Valley Medical Center v. Division of Corrections, 23 Ct. Cl. 260 (W. Va. Super. Ct. 2000).

Pincite

Opinion

PER CURIAM:

This c laim w as s ubmitted f or de cisión b ased u pon t he allegations in t he Notice of Claim and respondent's Answer.

Claimant seeks payment in the amount of $95,127.58 for medical services rendered to an inmate in the custody of respondent in Ohio County. 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 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. vs. Dept. of Mental Health, 8 Ct. Cl. 180 (1971).

Claim disallowed.

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