Wray v. N.C. Department of Correction
I.C. NO. TA-19258.
| N.C. Indus. Comm. | Jun 14, 2011Background
- Plaintiff John L. Wray, Jr., an inmate at Mountain View Correctional Institution, alleges negligence by Caldwell Correctional Institution employees on April 11, 2005.
- Plaintiff contends the shower facility lacked railings or seating and was unsuitable for handicapped/non-fully ambulatory inmates.
- Plaintiff asserts that while holding a hot water pipe to stand, his grip slipped, causing a fall and injuries to the neck, back, and right ankle.
- The shower stall floor was graded toward the middle for drainage, so it was not a completely flat surface.
- The Full Commission held Plaintiff was not contributorily negligent and that Defendants owed a duty to properly equip showers for handicapped inmates, breach occurred, and damages were suffered.
- The Commission affirmed Deputy Commissioner Houser’s decision with modifications, awarding $500 in compensatory damages and taxing costs to Defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Defendants were negligent in failing to properly equip the Caldwell showers for handicapped inmates. | Wray: shower had no railings/seating, causing injury when grip failed. | Defendants: duty and breach defenses; facilities were adequate and no proximate cause shown. | Yes; defendant breached duty and Plaintiff awarded damages. |
Key Cases Cited
- Bolkir v. N.C. State Univ., 321 N.C. 706 (1988) (negligence standard under the Tort Claims Act; duty and breach prerequisites)
- Presnell v. Payne, 272 N.C. 11 (1967) (noncontributory negligence standard in negligence claims against the State)
