Scolavino v. State
| Decision Date | 22 May 1947 |
| Citation | 74 N.E.2d 174,297 N.Y. 460 |
| Parties | Michael SCOLAVINO, Respondent, v. STATE, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, Third Department, 271 App.Div. 618, 67 N.Y.S.2d 202.
Proceeding by Michael Scolavino, an infant, by Anthony Scolavino, his guardian, against the State of New York, for personal injuries sustained at the hands of an inmate of state hospital while such infant was also confined therein. While claimant was strapped to his bed by a restraining sheet, he was frightfully assaulted by another inmate of the Harlem Valley State Hospital, Benturira, who broke from his restraining sheet and in the assault, besides other injuries, enucleated both of claimant's eyes.
On the date of the assault there were 66 patients in the disturbed ward, which consisted of eight dormitories and twenty single rooms. Five patients were confined to the dormitory known as the restraint room, in restraint sheets, and only two attendants were on duty in such ward, only one of whom was assigned to the half of the ward which included the restraint room. No effort was made to keep the patients in the restraint room under constant observation. It was the practice of the attendants to make rounds at about half hour intervals but these varied considerably and there were apparently no written regulations governing the matter. At the time of the assault the nearest attendant was some 60 feet away, in the dayroom, where he could not possibly watch conditions in the restraint room. Apparently somewhat more than 30 minutes had elapsed since the last inspection. No attendant knew of the assault until it was fully completed.
From a judgment for plaintiff for $9,000, 187 Misc. 253, 62 N.Y.S.2d 17, the State appealed, and the claimant cross-appealed after his motion for leave to appeal as a poor person was granted by the Appellate Division, 270 App.Div. 1055, 62 N.Y.S.2d 869. The judgment was modified by the Appellate Division, 271 App.Div. 618, 67 N.Y.S.2d 202, by increasing the award to $20,000. From the judgment of the Appellate Division, the State of New York appeals.
Affirmed.Nathaniel L. Goldstein, Atty. Gen. , for appellant.
Weissberger & Leichter, of New York City (M. M. Leichter and Julius Wolfson, both of New York City, of counsel), for respondent.
Judgment affirmed with costs.
All concur.
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