[Cite as Richmond v. Ohio Dept. of Rehab. & Corr., 2005-Ohio-5601.]
IN THE COURT OF CLAIMS OF OHIO
www.cco.state.oh.us
DONALD RICHMOND
:
Plaintiff
:
v.
CASE NO. 2004-03292
Judge J. Craig Wright
:
DECISION
OHIO DEPARTMENT OF
:
REHABILITATION AND CORRECTION
Defendant
: : : : : : : : : : : : : : : : :
:
{¶ 1} Plaintiff brought this action against defendant, Ohio
Department of Rehabilitation and Correction alleging negligence.
Defendant has admitted liability.
On May 4, 2005, this matter
proceeded to trial on the issue of damages.
The record was left
open until July 19, 2005, when the deposition testimony of Dr.
Brentley Buchele and Mark Anderson was presented.
{¶ 2} Upon review of the evidence and the arguments of counsel,
the court makes the following findings of fact and conclusions of
law.
FINDINGS OF FACT
{¶ 3} At all times relevant to this action, plaintiff was an
inmate at the Orient Correctional Institution (Orient) in the
custody and control of defendant pursuant to R.C. 5120.16;
{¶ 4} Prior
to
1999,
plaintiff
aided
in
the
removal
and
replacement of electrical wiring during renovation of dormitories
at Orient.
After renovations were completed, plaintiff accepted an
offer to work as an electrician’s helper;
{¶ 5} On January 8, 2002, plaintiff was working on a faulty
breaker under the supervision of two of defendant’s employees, a
maintenance worker III and an electrician II.
Although the breaker
was de-energized, an electrical flash enveloped plaintiff causing
burns to his hands and face;
{¶ 6} Plaintiff was transported to the Ohio State University
Medical Center (OSUMC) for treatment and was diagnosed with seconddegree burns to his hands and first-degree facial burns;
{¶ 7} Dr. Buchele, a plastic surgeon at OSUMC, testified that
although second-degree burns cause a “partial thickness” of the
remaining living tissue in the area of the burn the skin will heal
without grafting.
According to Dr. Buchele, plaintiff’s facial
burns were comparable to a sunburn;
{¶ 8} At OSUMC, plaintiff underwent multiple “scrubbings” for
his second-degree burns.
During this procedure, dead skin is
removed from the wound with a washcloth, the area is covered with
“silverdine,” and then wrapped in gauze.
This process was repeated
twice daily during plaintiff’s stay at OSUMC.
Plaintiff described
the scrubbings as the worst pain he had suffered in his life;
{¶ 9} On January 11, 2002, plaintiff was transported to the
Corrections Medical Center where he received an additional nine
days of treatment for his second-degree burns.
By the end of
February 2002, plaintiff had regained full function of his hands
but
complete
recovery
was
hampered
by
the
development
of
“contracture,” a scarring of the webbing between his left thumb and
index finger that significantly reduced the range of motion in his
hand.
Plaintiff’s
first-degree
facial
burns
healed
with
no
residual effects;
{¶ 10}
On September 5, 2002, plaintiff underwent a one-hour
outpatient plastic surgery known as a z-plasty to relieve the
contracture.
In that procedure, a z-shaped incision is made along
the contraction so that the triangular flaps of skin can be raised
and transposed to create greater web space;
{¶ 11}
The plastic surgery successfully restored both the
range of motion and flexibility in plaintiff’s web spacing although
plaintiff does have scarring on his hands and the area remains
sensitive.
Additionally, while plaintiff has been released from
treatment and his skin is expected to toughen with time, the areas
where plaintiff’s hands were burned are more sensitive to belowfreezing temperatures.
Consequently, plaintiff has difficulty with
his grip strength when he is exposed to colder temperatures.
This
condition is not expected to improve in the future;
{¶ 12}
Defendant has provided all medical treatment at no cost
to plaintiff;
{¶ 13}
In 1991, plaintiff pleaded guilty to gross sexual
imposition and rape.
October 2006.
Plaintiff is scheduled to be released in
He is required to register as a sex offender upon
his release;
{¶ 14}
Prior to his incarceration, plaintiff was employed as a
construction laborer.
Plaintiff maintained employment with a
concrete-pouring company for three years, left for employment with
a new company, and later returned to his former employer for
another two years;
{¶ 15}
Mark Anderson, a board-certified vocational expert and
counselor, testified that plaintiff’s injury and resulting cold
sensitivity denies plaintiff access to 15 percent of the jobs that
would have been available to him upon his release.
Anderson’s
opinion is based upon the Federal Department of Labor Consensus,
his prior experience in evaluating paroled inmates, plaintiff’s
classification as a felon, the impact of the burn injuries, and
plaintiff’s completion of his G.E.D.
The court finds the testimony
of Anderson to be both credible and persuasive.
CONCLUSIONS OF LAW
{¶ 16}
Plaintiff has conceded that any wage loss he incurred
while incarcerated is negligible and he does not present a claim
for those losses; however, the court finds that upon his release
plaintiff will incur future wage losses as a direct and proximate
result of defendant’s negligence;
{¶ 17}
Plaintiff has not sustained any damages in the form of
unreimbursed medical expense as a direct and proximate result of
defendant’s negligence and he will not sustain any such damages in
the future;
{¶ 18}
Plaintiff has endured and will continue to endure pain
and suffering as a direct and proximate result of defendant’s
negligence;
{¶ 19}
Based upon the above findings and conclusions, the
court concludes that plaintiff is entitled to recover the sum of
$132,000 from defendant as damages for his pain and suffering and
future
economic
losses
proximately
caused
by
defendant’s
negligence.
IN THE COURT OF CLAIMS OF OHIO
www.cco.state.oh.us
DONALD RICHMOND
:
Plaintiff
:
v.
CASE NO. 2004-03292
Judge J. Craig Wright
:
JUDGMENT ENTRY
OHIO DEPARTMENT OF
:
REHABILITATION AND CORRECTION
Defendant
: : : : : : : : : : : : : : : : :
:
This case was tried to the court on the issue of damages.
The
court has considered the evidence and, for the reasons set forth in
the
decision
filed
concurrently
herewith,
judgment
is
hereby
rendered in favor of plaintiff in the amount of $132,025, which
includes the filing fee paid by plaintiff.
assessed against defendant.
Court costs are
The clerk shall serve upon all parties
notice of this judgment and its date of entry upon the journal.
________________________________
J. CRAIG WRIGHT
Judge
Entry cc:
John R. Liber, II
100 North Main Street
350 Stepnorth Building
Chagrin Falls, Ohio 44022
Attorney for Plaintiff
Tracy M. Greuel
Assistant Attorney General
150 East Gay Street, 23rd Floor
Columbus, Ohio 43215-3130
Attorney for Defendant
LM/cmd/Filed
October 13, 2005/To S.C. reporter October 20, 2005
