Levin v. State

(dissenting and voting to reverse the judgment, on the law and the facts, to award the claimant judgment on the issue of liability, and to remit the matter to the Court of Claims for a trial on the issue of damages): On March 11, 2000 the claimant, then an inmate at Arthur Kill Correctional Facility (hereinafter Arthur Kill), fell from an upper bunk and fractured his fifth finger. He reported to members of the staff at Arthur Kill that “I thought I was having a seizure.” At the time of his fall, the claimant was receiving neurontin which can be used as a medicine for seizure disorders. Dr.…