Police records sought in suit over sexual assault by man posing as doctor

David Yates Mar. 26, 2009, 8:34am

In May 2007, the Record reported on a suit filed by Krystin Hall who alleged a man donning phony scrubs and posing as a physician slipped into a Baptist Hospital room and sexually assaulted her when she was a minor.

On Monday, March 23, a hearing was held in Judge Donald Floyd's 172nd District Court. Baptist Hospitals of Southeast Texas is requesting criminal files on John Daigre, the man who allegedly assaulted Hall.

A courthouse employee told the Record that the Beaumont Police Department has asked the judge to keep the records sealed due to an investigation.

Judge Floyd has taken the request under advisement, and as of press time, has not ruled on the issue.

Case history

At the time of the incident, Hall was a high school student attending the Hardin-Jefferson Independent School District and was participating in the Baptist Hospital's postpartum program.

Hall filed her suit in Jefferson County District Court on May 4, 2007, alleging Memorial Hermann Baptist Hospital and its nurses granted John Daigre access to her room and failed to notify the authorities once a nurse witnessed the rape.

Court documents show Baptist Hospital requested Daigre be added to the suit as a third party. He is representing himself.

According to the suit, on Oct. 20, 2004, Daigre, who was not an employee of the hospital, asked a nurse "to show him to an examination room so that he could examine her."

The nurse obliged Daigre's request without asking for his identification or asking "for what purpose," the suit said. "Thereafter, Daigre sexually assaulted plaintiff, a minor child."

Shortly after, a nurse entered the room and witnessed the sexual assault. But rather than calling security or the police, the nurse allowed the girl to finish the program and leave the hospital, "only to summon her back under the pretext that she had been 'exposed' to something while at the hospital earlier in the day," the suit said.

Hall claims the hospital failed to provide her with ordinary care.

"Not only did defendant negligently fail to correct the condition, defendant in fact helped to create the dangerous condition," the suit states.

She seeks to recover exemplary damages in an amount to be determined by the jury at time of trial.

She is represented by attorney Brian Sutton of the Sutton & Jacobs law firm. The Record was unable to reach Sutton for a comment.

Baptist Hospital is represented by James Old Jr. of the Germer Gertz law firm.

Case No. E-179-248

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