Bell v. Ohio Department of Rehabilitation And Correction, 012919 OHCOC, 2017-00414JD

Docket Nº:2017-00414JD
Opinion Judge:ANDERSON RENICK, MAGISTRATE JUDGE
Party Name:CHRISTOPHER D. BELL Plaintiff v. OHIO DEPARTMENT OF REHABILITATION AND CORRECTION Defendant
Case Date:January 29, 2019
Court:Court of Claims of Ohio
 
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2019-Ohio-507

CHRISTOPHER D. BELL Plaintiff

v.

OHIO DEPARTMENT OF REHABILITATION AND CORRECTION Defendant

No. 2017-00414JD

Court of Claims of Ohio

January 29, 2019

Sent to S.C. Reporter 2/13/19

DECISION OF THE MAGISTRATE

ANDERSON RENICK, MAGISTRATE JUDGE

{¶1} Plaintiff brought this action alleging negligence. The issues of liability and damages were bifurcated and the case proceeded to trial on the issue of liability.

{¶2} At all times relevant, plaintiff was an inmate in the custody and control of defendant pursuant to R.C. 5120.16. Plaintiffs claims arise from injuries he sustained on May 10, 2015 when he fell while working as a porter at the Toledo Correctional Institution (TCI). Plaintiff testified that he had been issued a medically prescribed cane and that the rubber tip of the cane had become worn so that the wooden shaft of the cane contacted the floor as he used it to help him walk.

{¶3} Plaintiff testified that he had been using a cane since it was prescribed to him in May 2014 by a nurse practitioner. Plaintiff explained that it was apparent that the rubber tip was damaged because a "clicking" sound was audible when the cane contacted the concrete floor. Plaintiff related that on April 28, 2015, he was working in the law library when a Corrections Officer (CO) Reisig gave him permission to leave the library and walk to the infirmary to obtain a new rubber tip for his cane. After he arrived at the infirmary, plaintiff informed CO Warren that his cane was defective and Nurse Michelle Manteuffel responded to his complaint. Nurse Manteuffel determined that plaintiff had neither obtained a written pass from his block officer to attend sick call, nor had medical staff been notified that plaintiff was coming to the infirmary. Nurse Manteuffel refused to see plaintiff and CO Warren issued a conduct report to plaintiff for "being out of place." (Plaintiffs Exhibit 2.)

{¶4} On May 10, 2015, plaintiff was assigned to work as a porter and he testified that while he was performing his work, the wooden tip of his cane slipped on the concrete floor, causing him to lose his balance and fall. According to plaintiff, as a result of the fall...

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