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Wray v. N.C. Department of Correction
I.C. NO. TA-19258.
| N.C. Indus. Comm. | Jun 14, 2011
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Background

  • 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)
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Case Details

Case Name: Wray v. N.C. Department of Correction
Court Name: North Carolina Industrial Commission
Date Published: Jun 14, 2011
Docket Number: I.C. NO. TA-19258.
Court Abbreviation: N.C. Indus. Comm.