Following the plaintiff-prisoner’s hernia surgery, he was restricted to the lower bunk, and he was prescribed hydrocodone. The day after his surgery, plaintiff stopped taking hydrocodone because it caused dizziness and disorientation; however, he failed to notify prison or medical staff of these side effects. Three days later, plaintiff fell down a flight of stairs. Where plaintiff was not medically restricted from negotiating stairs and did not inform prison or medical staff of the side effects of hydrocodone, plaintiff’s evidence does not show negligence by the defendant-department.
We affirm the Industrial Commission’s denial of plaintiff’s claim.
Steele v. North Carolina Department of Public Safety (Lawyers Weekly No. 012-221-23, 6 pp.) (Allegra Collins, J.) Appealed from the Industrial Commission. Colell Steele, pro se; Gregory Rouse for defendant. North Carolina Court of Appeals (unpublished)