Opinion
November 22, 1961
Present — Bergan, P.J., Coon, Gibson, Herlihy and Taylor, JJ.
The State appeals from a judgment of the Court of Claims, which awarded $21,971.55 to claimant for the death of his wife and for her conscious pain and suffering. The claimant cross-appeals on the ground of inadequacy. The decedent was an inmate of Brooklyn State Hospital. The Court of Claims has found, upon adequate evidence, that on November 8, 1955, she jumped through an unlocked laundry chute door on the fourth floor and fell to the basement, sustaining severe injuries resulting in her death in October, 1956. The hospital records disclose that decedent was "potentially suicidal" and "potentially dangerous to self and others." She had attempted suicide before. A rule of the hospital required that the laundry chute door be kept locked at all times when not in use. On the day of the occurrence an attendant had unlocked the laundry chute door to permit another patient to throw some bags of laundry down the chute. Some difficulty between other patients in the room distracted the attention of the attendant and she closed the laundry chute door, without locking it, and went to quiet the disturbance. She did not recall leaving the door unlocked until some two and one-half hours later when she was informed that decedent was found at the bottom of the chute. Although the door had no handle or means of pulling it open other than a key, the only reasonable inference is that in some manner the decedent got the door open while it was unlocked and unguarded. The evidence sustains the court's finding that the injuries and death of the decedent were caused by the State's negligence by reason of the attendant's failure to lock the door in violation of a rule of the hospital, and the failure to provide adequate supervision in view of decedent's suicidal tendencies. The quantum of damages is peculiarly difficult in cases of this kind. The amount awarded is substantial, and we see no compelling reason to disturb the findings of the trier of the facts. Judgment unanimously affirmed, with costs.