Cromartie v. Dept. of Rehab. & Corr.

Citations

• 2020 Ohio 2906

Syllabus

Civ.R. 53 magistrate inmate negligence damages causation permanent injuries. Plaintiff filed an action alleging defendant is liable to him in negligence for injuries incurred as the result of an attack upon him by another inmate. The issues of liability and damages were bifurcated for trial. Subsequently, the parties stipulated to defendant's liability and proceeded to trial on the issue of damages. Evidence revealed that plaintiff was defenselessly attacked with a metal weapon and, as a result, sustained multiple blows to his head which caused a subdural hematoma, as well as psychological distress, disorientation, headaches, and various lacerations and swelling to his face. Additionally, plaintiff testified to having continuing present-day medical issues with headaches, hip pain, back pain, vision complications, and psychological and emotional distress. However, the Magistrate found plaintiff did not provide enough evidence to support his claims for these alleged long-term injuries. Nevertheless, due to the extent of the temporary injuries plaintiff sustained as a result of the attack, the Magistrate found that he was entitled to damages for his pain and suffering and recommended that judgment be entered in favor of plaintiff in the amount of $30,000.