267 A.D. 233 | N.Y. App. Div. | 1943
This claim arises out of an assault which occurred on July 27, 1940, when Edward Browning, an escaped inmate of Kings Park State Hospital, inflicted serious injuries on claimant.
There is no contradiction of claimant’s version of the unfortunate incident out of which this claim arises. The only question presented for determination is whether the circumstances attendant upon the patient’s escape constituted negligence on the part of the hospital authorities. It is not suggested that claimant was guilty of contributory negligence and the amount of the damages awarded is not an issue.
The Court of Claims has found that on July 27,1940, and for 'some time prior thereto Browning was an inmate of the State Hospital in question; that he had been assigned to ward 16 which was reserved for the “ worst male inmates ” and which consists of a hall about 200 feet long having thirty-four rooms in which ninety-one patients were housed under the supervision of seven attendants; that Browning was classified as dangerous and as assaultive towards fellow inmates; that he had no respect for the rules and regulations of the institution; that he was unreliable, was known as an eloper and as such was required to be searched three or four times daily in order to ascertain if prohibited articles were concealed on his person; that he had made several attempts to escape; that at about 1 p. m. on the day in question twenty-two of the patients accompanied by two attendants went to a ball game; that another attendant went off duty leaving four in charge of the other patients until about 2:15 p. m. when another attendant absented himself; that ward 16 contains three exits, one of which is a fire escape door leading from the lavatory; that between 1:45 and 3:00 p. m. Browning escaped from the institution by the door leading from the water •
The evidence amply sustains the findings of the court below.
On this appeal the State contends that the uncontradicted evidence shows that the supervision of the patients was adequate and that a patient could not escape because of the precautions taken. That argument carries its own refutation in view of the fact that Browning did escape. The proof amply justifies the conclusion that claimant’s injuries were sustained as a result of the negligence of the officers and employees of the institution. (Curley v. State of New York, 148 Misc. 336, affd. sub nom. Luke v. State of New York, 253 App. Div. 783; Martindale v. State of New York, 269 N. Y. 554; Sporza v. German Savings Bank, 192 N. Y. 8.)
It cannot be doubted that the negligence of those in charge of the hospital in permitting this demented patient to escape, armed with a dangerous weapon, was the proximate cause of claimant’s injuries. The State’s plea that it was "without fault is unavailing; the record tells another story. The nurses and attendants in the hospital knew that Browning was a mentally helpless patient who might reasonably be expected to become violent and dangerous at any time. Bearing in mind the knowledge which they possessed as to his mental condition they should reasonably have anticipated that he would attempt to escape and hence were bound adequately to guard him, and safeguard him against harm to himself or to others.
The judgment appealed from should be affirmed, with costs.
All concur.
' Judgment affirmed, with costs.