Inmate wants new trial for civil case against jail healthcare providers

David Yates Jun. 9, 2010, 9:54am

A Jefferson County inmate is asking a Beaumont judge for a new trial -- not for his criminal charges, but his civil suit against the jail's medical providers.

As the Southeast Texas Record reported in September 2007, Ronnie Tejada received medical treatment while incarcerated and awaiting trial at the Jefferson County Correctional Facility.

In his suit, Tejada claimed that the alleged negligent medical care inflamed his condition and named Dr. Virgilio Gernale, Naphcare and Naphcare's administrator Dyni Brookshire as defendants.

On March 29 Judge Donald Floyd, 172nd District Court, granted motions for summary judgment from Naphcare and Dr. Gernale, dismissing the defendants with prejudice for lack of evidence of negligence.

Three months later, Tejada is asking Floyd to grant him a new trial and rescind his previous ruling.

No motion for new trial was file in the Jefferson County District Clerk's office, but a hearing on the matter has been tentatively set for June 11.

Court documents show that from November 2004 through Oct. 5, 2005, Tejada received treatment from the defendants.

In his suit, Tejada alleged the defendants negligently failed to treat his diabetes; follow-up on his head injury and monitor "his weakened, dehydrated, malnourished condition in the last 11 days before he was taken to the emergency room on October 5, 2005."

The hearing was requested by plaintiff's attorney Adam Terrell.

Tejada is hoping to recover punitive and exemplary damages, plus past and future physical pain, disfigurement, mental anguish, impairment, medical expenses and lost wages.

His children, who are also plaintiffs in the suit, are seeking damages for pecuniary loss, loss of counsel and loss off of positive benefits flowing from love provided by their father, plus mental anguish.

Case No. E180-269

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