[Cite as Hoffmeyer v. Ohio Dept. of Rehab. & Corr., 2010-Ohio-1529.]

Court of Claims of Ohio

The Ohio Judicial Center 

65 South Front Street, Third Floor 

Columbus, OH 43215 

614.387.9800 or 1.800.824.8263 

www.cco.state.oh.us

SAMUEL D. HOFFMEYER 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF REHABILITATION AND CORRECTION 

 Defendant 

Case No. 2009-05021 

Judge Clark B. Weaver Sr. 

Magistrate Matthew C. Rambo 

DECISION

{¶ 1} On January 19, 2010, defendant filed a motion for summary judgment 

pursuant to Civ.R. 56(B). Plaintiff did not file a response. The motion is now before the 

court on a non-oral hearing pursuant to L.C.C.R. 4(D). 

{¶ 2} Civ.R. 56(C) states, in part, as follows: 

{¶ 3} “Summary judgment shall be rendered forthwith if the pleadings, 

depositions, answers to interrogatories, written admissions, affidavits, transcripts of 

evidence, and written stipulations of fact, if any, timely filed in the action, show that 

there is no genuine issue as to any material fact and that the moving party is entitled to 

judgment as a matter of law. No evidence or stipulation may be considered except as 

stated in this rule. A summary judgment shall not be rendered unless it appears from 

the evidence or stipulation, and only from the evidence or stipulation, that reasonable 

minds can come to but one conclusion and that conclusion is adverse to the party 

against whom the motion for summary judgment is made, that party being entitled to 
have the evidence or stipulation construed most strongly in the party’s favor.” See also 

Gilbert v. Summit County, 104 Ohio St.3d 660, 2004-Ohio-7108, citing Temple v. Wean 

United, Inc. (1977), 50 Ohio St.2d 317. 

{¶ 4} At all times relevant, plaintiff was an inmate in the custody and control of 

defendant at the Richland Correctional Institution (RiCI) pursuant to R.C. 5120.16. 

Plaintiff alleges that on April 22, 2009, he alerted defendant’s staff that he was 

experiencing severe abdominal pain and that he wished to go to the infirmary. Plaintiff 

alleges that in order to do so, he was required by defendant’s corrections officers (COs) 

to leave his cell on the upper range of his housing unit and use the stairs without 

assistance. Plaintiff states that he collapsed while descending the stairs and suffered 

injury to his lower back and groin as a result. Plaintiff asserts that defendant’s staff was 

negligent in ordering him to negotiate a flight of stairs without assistance when he was 

in medical distress. Defendant argues that assistance was available to plaintiff, but that 

he did not request it. 

{¶ 5} In support of its motion, defendant filed the affidavit of Corrections Officer 

(CO) Jamerson, wherein he states: 

{¶ 6} “1. I am currently employed as a full time [CO], and have been since 

October 15, 1998, by [defendant] at [RiCI]; 

{¶ 7} “2. I have personal knowledge, and I am competent to testify to the facts 

contained in this Affidavit; 

{¶ 8} “3. On April 23, 20091

, I was working as the third shift Yard Officer; 

{¶ 9} “4. My responsibilities as Yard Officer for that shift included maintaining 

security in Yard Five area of the Institutional Compound and completing tasks assigned 

by the Shift Captain; 

{¶ 10} “5. At approximately 1:00 a.m., I received notice that [CO] Feltner, who 

was working as the Unit 1 Upper Dorm Officer, was releasing [plaintiff] from the dorm so 

that he could go to the infirmary; 

{¶ 11} “6. When an inmate in the dorm requests to go to the infirmary he may 

request additional assistance that is available to him: 1) he may request to be taken by 

 1

While plaintiff alleges that the incident occurred on April 22, 2009, and CO Jamerson states that 

the events occurred on April 23, 2009, the discrepancy is immaterial and most likely results from plaintiff 

falling at 1:00 a.m. 
the red baron, [RiCI’s] ambulance, if he feels he cannot walk to the infirmary; or 2) he 

may request assistance from the qualified red cross inmates to help him if he does not 

feel he can walk; 

{¶ 12} “7. If the inmate does not request additional assistance the Yard Officer 

will meet the inmate outside of the dorm to escort him across the yard to the infirmary; 

{¶ 13} “8. Unit 1 Upper Dorm has two sets of stairs separated by a landing; 

{¶ 14} “9. When [plaintiff] walked out of Unit 1 Upper Dorm, I was waiting at the 

bottom of the steps to escort him to the infirmary; 

{¶ 15} “10. [Plaintiff] did not request any additional assistance from me to help 

him negotiate the steps; 

{¶ 16} “11. I witnessed [plaintiff] negotiate the first set of stairs without any 

problems or complaints; 

{¶ 17} “12. When [plaintiff] reached the second set of steps he did not request 

any additional assistance, however when he attempted to negotiate the second set of 

stairs he fell forward, continuing to hold onto the stairs’ railing, he came to rest two 

steps below his original step; 

{¶ 18} “13. At that time I ran up the steps to assist him, and [CO] Keener also 

came to [plaintiff’s] assistance; 

{¶ 19} “14. Together, on each side of [plaintiff], [CO] Keener and I assisted 

[plaintiff] down the remaining steps; 

{¶ 20} “15. When we reached the bottom, the red baron was there to take 

[plaintiff] to the infirmary so he would not have to walk any further.” 

{¶ 21} In order for plaintiff to prevail upon his claim of negligence, he must prove 

by a preponderance of the evidence that defendant owed him a duty, that defendant’s 

acts or omissions resulted in a breach of that duty, and that the breach proximately 

caused his injuries. Armstrong v. Best Buy Co., Inc., 99 Ohio St.3d 79, 81, 2003-Ohio2573, citing Menifee v. Ohio Welding Products, Inc. (1984), 15 Ohio St.3d 75, 77. Ohio 

law imposes upon the state a duty of reasonable care and protection of its inmates. 

McCoy v. Engle (1987), 42 Ohio App.3d 204, 207-208. Reasonable care is defined as 

the degree of caution and foresight that an ordinarily prudent person would employ in 

similar circumstances. Woods v. Ohio Dept. of Rehab. & Corr. (1998), 130 Ohio App.3d 
742, 745. The state is not an insurer of inmates’ safety, however. Moore v. Ohio Dept. 

of Rehab. & Corr. (1993), 89 Ohio App.3d 107, 112. Additionally, plaintiff is required to 

exercise a reasonable degree of care to ensure his own safety. See Rose v. Ohio Dept. 

of Rehab. & Corr., Franklin App. No. 04AP-1360, 2005-Ohio-3935, ¶9. 

{¶ 22} Civ.R. 56(E) states, in part, as follows: 

{¶ 23} “When a motion for summary judgment is made and supported as 

provided in this rule, an adverse party may not rest upon the mere allegations or denials 

of the party’s pleadings, but the party’s response, by affidavit or as otherwise provided 

in this rule, must set forth specific facts showing that there is a genuine issue for trial. If 

the party does not so respond, summary judgment, if appropriate, shall be entered 

against the party.” 

{¶ 24} As previously stated, plaintiff did not respond to defendant’s motion. 

Based upon the undisputed affidavit testimony presented by defendant, the court finds 

that plaintiff failed to take the necessary steps to ensure his own safety. Specifically, 

the court finds that assistance was readily available to plaintiff, that he did not avail 

himself of it, and that he suffered injury as a result. Therefore, the court finds that 

defendant is entitled to judgment as a matter of law. Accordingly, defendant’s motion 

for summary judgment shall be granted and judgment shall be rendered in favor of 

defendant. 

Court of Claims of Ohio

The Ohio Judicial Center 

65 South Front Street, Third Floor 

Columbus, OH 43215 

614.387.9800 or 1.800.824.8263 

www.cco.state.oh.us 

SAMUEL D. HOFFMEYER 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF REHABILITATION AND CORRECTION 
 Defendant 

Case No. 2009-05021 

Judge Clark B. Weaver Sr. 

Magistrate Matthew C. Rambo 

JUDGMENT ENTRY

 A non-oral hearing was conducted in this case upon defendant’s motion for 

summary judgment. For the reasons set forth in the decision filed concurrently 

herewith, defendant’s motion for summary judgment is GRANTED and judgment is 

rendered in favor of defendant. Court costs are assessed against plaintiff. The clerk 

shall serve upon all parties notice of this judgment and its date of entry upon the journal. 

 _____________________________________ 

 CLARK B. WEAVER SR. 

 Judge 

cc: 

 

Kristin S. Boggs 

Assistant Attorney General 

150 East Gay Street, 18th Floor 

Columbus, Ohio 43215-3130 

Samuel D. Hoffmeyer, #A523-843 

Richland Correctional Institution 

1001 Olivesburg Road 

Mansfield, Ohio 44905 

MR/cmd

Filed March 16, 2010 

To S.C. reporter April 5, 2010