| Volume Number: 30
Category(s): PRISONS AND PRISONERS |
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| Opinion Issued May 23, 2014 | |
| GARY WADE STANLEY | |
| VS. | |
| DIVISION OF CORRECTIONS | |
| (CC-11-0622) | |
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Claimant appeared pro se. Cynthia R. M. Gardner, Assistant Attorney General, for Respondent. |
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| PER CURIAM:
Claimant, Gary Wade Stanley, an inmate at Huttonsville Correctional Center, brought this claim to recover the value of certain items of personal property that he alleges were converted by Respondent while Claimant was being transferred from Mount Olive Correctional Complex. The Claimant testified at the hearing of this matter that while being transferred to Huttonsville from Mount Olive he was given a plastic box with a lock in which to place his personal belongings. Upon his arrival at Huttonsville, Claimant stated that the box had been broken and the contents were stolen. These contents included a walkman, numerous CDs, and PlayStation II games. Claimant estimates the value of these items at $502.16. Claimant testified that he believes that another inmate stole his property. Claimant argues that a bailment was created between himself and Respondent, and that Respondent is liable for failing to return his personal property to him. It is the law in West Virginia that the creation of a bailment situation “imposes upon the bailee the obligation to exercise reasonable and ordinary care for the safety of the property so delivered.” Barnette v. Casey, 124 W. Va. 143, This Court has held that a bailment exists when Respondent records the personal property of an inmate and takes it for storage purposes, and then has no satisfactory explanation for not returning it. Page v. Division of Corrections, 23 Ct. Cl. 238 (2000); Heard v. Division of Corrections, 21 Ct. Cl. 151 (1997). Here, the Court finds that a bailment was created and that Respondent is liable for the loss of Claimant’s property. Since the Respondent provided the lock box to the Claimant, and since that box failed to keep the contents secure through transport, the Claimant may make a recovery for his personal property. Therefore, the Court does recommend that an award be made in this claim. Accordingly, the Court is of the opinion to make an award in Claimant’s claim. Award $502.16. |
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| Summary: |
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