Home/West Virginia Court of Claims/Robison v. State Board of Control

Robison v. State Board of Control

3 Ct. Cl. 66
CourtWest Virginia Court of Claims
DecidedFebruary 2, 1945
DocketNo. 393
StatusPublished

This text of 3 Ct. Cl. 66 (Robison v. State Board of Control) 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
Robison v. State Board of Control, 3 Ct. Cl. 66 (W. Va. Super. Ct. 1945).

Opinions

ROBERT L. BLAND, Judge.

Achilles T. Robison, a former city mail carrier at New Mar-tinsville, seeks in this case an award of $26,988.35, and bases his claim on alleged negligence of the state board of control and the state road commission, their officers and employees, in allowing a convict with a dangerous criminal record to be transferred from the penitentiary at Moundsville to a prison road camp, and escape therefrom and attack and do him great bodily injury.

Claimant, who resides in the country, about one mile from New Martinsville, the county seat of Wetzel county, further elucidates his claim by saying that in the afternoon of May 6, 1944, after concluding his duties as a mail carrier on that day, he went to his home; and, his wife and son being absent, he secured a key to his residence and entered the house, where he was confronted by one James Clark, alias James McCune, alias Joseph Kurosi. Clark had in his possession a double-barreled, 12-gauge shotgun, the property of claimant. With this gun he deliberately shot claimant in both of his legs. He then demanded and obtained what money claimant had in his possession and [67]*67drove away in claimant’s Buick automobile. Claimant was taken to the hospital at New Martinsville, where his wounds were cleansed and he was given blood plasma and a blood transfusion. Thereafter it was found necessary to amputate his right leg. After this was done gangrene set in and it was found expedient to perform a second amputation of the limb.

Claimant was forty-six years of age at the time he was shot by Clark and was earning $185.00 per month. His injuries are such that he will never be able to resume the duties of a city mail carrier. As a result of the injuries inflicted upon him he has lost the benefit of his employment in which his salary would have increased at intervals. He has incurred heavy expenses in surgical, hospital and home treatment; and, although he has procured an artificial limb, there are shots in his knee that render the use of it exceedingly uncomfortable.

Claimant submits an estimate of the co~ts which have been and will be incurred by him due to the injuries inflicted upon him by Clark, as follows:

Dr. J. O. Theiss_ _ $ 200.00
Miss Imogene Thomas, registered nurse . 230.00
Mrs. Clyde Clegg, R.N., New Martinsville 12.00
Miss Rosamond Tiber, registered nurse . 217.00
Wetzel County Hospital_ _ 517.60
Penicillin from Ohio Valley Hospital 92.75
lama ambulance _ ... 7.00
Loss of time from May 6, to July 15, 1944 _ ... 362.00
Estimated cost of artificial limb __ 200.00
Estimated cost of reshaping leg __ 150.00
Loss of Leg_ __ .. 25,000.00
$26,988.35

Claimant’s testimony relates to his injuries and nothing stated by him sheds any light upon the circumstances attending the escape of Clark from the prison road camp.

The state has entered. a general denial of responsibility or liability, and contests the right of claimant to an award. It denies [68]*68the negligence imputed to it, and it therefore becomes necessary for claimant to prove by a preponderance of evidence the negligence on which he relies to support his claim. To do this claimant demanded the production by the state of Clark’s criminal record. This demand was promptly complied with and the following record produced:

"For
(PHOTOGRAPH)
(a front and side view)
West Virginia Penitentiary 32745
Marks and Scars: Small scar right shoulder. Tatts: Skull with 2 bars above and Death Before Dishonor below, right lower outer arm, question mark, right middle finger. Tattoo heart on chest, with initial Pop and Mom. Small heart with cross and number 13 below left shoulder. Spread eagle with U. S. Marine Corps and L. K. in body of eagle. Scroll with name Lena and two dice below. Dim Tatt: I'itial J. G. below left lower outer arm.
CONDUCT RECORD
Date No. Rep. Offense Penalty
2- 6-43 1 Escape Huttonsville, 1-24-43 6 Mos. Red Si White. All G. T. L. Hold for Crt.
3-24-43 Unnecessary Noise on RSiW. 3 Days Guard House.
3-26-43 Destroying State Blanket 5 Days Guard House.
6- 5-43 Creating Disturbance in Cage After the Lights Were Out 5 Days Guard House.
6- 7-43 5 Creating Disturbance on Red Si White for Three Nights 5 Days Guard House.
8-26-43 Thowing Medicine in Spit Can 5 Days Guard House.
3-23-44 Possession of Sweater Charged to Floyd Larch No. 31741 2 Days Guard House.
6-13-44 8 Escapi g from Road Camp No. 80 5-4-44 6 Mos. Red Si White. All G. T. L. Hold for Court.
7-17-44 9 8-20-44 10 Sleeping in on Morning Count Writing to Party, Claiming Her To Be His Sister When She Is Not 2 Days Guard House. 30 Days Writing Privilege.
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Bluebook (online)
3 Ct. Cl. 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robison-v-state-board-of-control-wvctcl-1945.