OPINION ISSUED JANUARY 12, 2000
DAVIS MEMORIAL HOSPITAL
DIVISION OF CORRECTIONS
Claimant appeared pro se.
Joy M. Cavallo, Assistant Attorney General, for respondent.
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 $34,331.13 for medical
services rendered to an inmate in the custody of respondent.
Respondent, in its Answer, admits the validity of the claim, but
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 recommended based upon the decision in Airkem
Sales and Service, et al. vs. Dept. of Mental Health, 8 Ct. Cl. 180