Prisoner Who Fell From Top Bunk Bed Wins Appeal


UPDATED: Thursday March 14, 2013 11:11 AM

The Tenth District Court of Appeals ruled on Thursday that a lower court should not have issued a judgment to the Ohio Department of Rehabilitation and Corrections about a prisoner suing for damages.

The prisoner said he sustained injuries when he fell from a bunk bed in prison.

According to the Supreme Court of Ohio, inmate Ron Foster, said that the ODRC was negligent because he was forced to sleep on the top bunk of a bed even though a doctor had advised against it because of health reasons.

Foster said that he lost use of his right arm because of injuries from the fall, according to the Supreme Court.

The ODRC denied the allegations and said that it was entitled to discretionary immunity.

The Court of Appeals reversed the summary issued by the lower court and remanded the case back to it for further proceedings.

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