West Virginia Court of Claims, 2006

Grafton City Hospital v. Division of Corrections

Grafton City Hospital v. Division of Corrections
West Virginia Court of Claims · Decided January 17, 2006
26 Ct. Cl. 55

Counsel

Claimant appeared pro se., Charles P. Houdyschell Jr., Senior Assistant Attorney General, for respondent.

Grafton City Hospital v. Division of Corrections

Opinion of the Court

PER CURIAM:

This claim was submitted for decision based upon the allegations in the Notice of Claim and respondent’s Answer.

Claimant seeks payment in the amount of $12,548.27 for medical services rendered to inmates in the custody of respondent at Pruntytown Correctional Center, a facility of the respondent. Respondent, in its Answer, admits the validity of the claim. Respondent further states that there were insufficient funds in its appropriation for the fiscal year in question from which to pay the claim.

While the Court believes that this is a claim which in equity and good conscience should be paid, the Court further believes that an award cannot be *56recommended based upon the decision in Airkem Sales and Service, et al. vs. Dept. of Mental Health, 8 Ct. Cl. 180 (1971).

Claim disallowed.

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