Covington v. State

Appeal from a judgment of the Court of Claims (Collins, J.), entered July 20, 2007, upon a dismissal of the claim at the close of proof.

Claimant, an inmate at Great Meadow Correctional Facility in Washington County, commenced this action in September 2005 claiming damages he allegedly sustained as the result of a mouse bite on his left big toe. Following the close of proof in a trial on the matter, the Court of Claims granted defendant’s motion to dismiss. Claimant appeals and we affirm.

While defendant is not an insurer against every injury that *1138might occur on its property, it bears a duty to…