Gangler v. State

Appeal from a judgment of the Court of Claims (Fitzpatrick, J.), entered March 19, 2001, which dismissed the claim upon a decision of the court.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the claim is reinstated and a new trial is granted.

Memorandum: Claimant, an inmate at a state correctional facility, appeals from a judgment dismissing his negligence claim seeking damages for injuries that he sustained while working as a plumber there. According to the evidence presented at trial, a correction officer had…