IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

CHARLES F. PLYMAIL

v.

WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION

(CC-19-0293)

Claimant appeared pro se.

Briana J. Marino, Attorney at Law, for the Respondent.

PER CURIAM:

This claim was submitted to the Legislative Claims Commission upon a Stipulation entered into by the Claimant and the Respondent wherein certain facts and circumstances of the claim were agreed to as follows:

1. In August 2018, the Claimant was incarcerated at the South Central Regional Jail. During his intake, he advised the Respondent’s staff that he wore a colostomy bag and would be in need of supplies while incarcerated.
2. The Respondent provided the Claimant with supplies initially but encountered a shortage of supplies several weeks later.
3. The Claimant had to use his current supplies for longer than medically recommended and finally requested that his family provide clean and new supplies for his colostomy bag.
4. The Claimant placed a value of $250.00 on the cost of the new medical supplies provided to him by others.
5. The Claimant alleged that the Respondent was required to provide him with clean and new medical supplies and breached its duty to provide him with medical care and necessary supplies during his incarceration.
6. Respondent was responsible for Claimant and his medical care while he was in the custody of the Respondent.
7. The Respondent admitted liability in its pleadings and stipulated to the amount of $119.80 as the current cost of replacement medical supplies.
8. The amount of $119.80 is fair and reasonable.

This Commission finds that the Respondent was negligent in its delivery of medical supplies to the Claimant, that the negligence of the Respondent was the proximate cause of the damages sustained by the Claimant and that the amount of damages is fair and reasonable. The Claimant may make a recovery for the damages.

Accordingly, it is the opinion and recommendation of the Legislative Claims Commission that the Claimant should be awarded the sum of $119.80 in this claim.

Award of $119.80.