BEAUMONT – Nearly everyday, the Southeast Texas Record posts articles covering area civil litigation proceedings on Facebook. However, it seems if a trial lawyer wants to share a Record story, he or she could face sanctions.
On March 19, a mistrial was declared in medical malpractice lawsuit brought by an area couple that lost their son when he killed himself while under a suicide watch.
Four the past four years, the Record has covered the litigation brought by Kimberly Holman Bobb and Jerome Johnson, who, on behalf of their late son Justin Holman, filed suit against Baptist Hospitals of Southeast Texas and Dr. Ravikumar Kanneganti.
Mazzola
And while neither side has ever complained to the Record about inaccurate reporting, Kanneganti has taken issue with articles about the case against him circulating in the public.
Days before the case went to trial, Kanneganti filed a motion to change venue on Feb. 16, asserting local prejudice due to news outlets and social media, mainly the Record.
Plaintiffs’ attorney Brian Mazzola had posted Record articles about the case on his Facebook page.
Kanneganti argued the posts show “incurable local prejudice” in Jefferson County and called the articles “inflammatory and derogatory,” contending that psychiatric care and suicide are divisive topics that are “not well known or understood by the general population.”
The plaintiffs responded to the motion on Feb. 20, arguing that a social media post shared only 25 times cannot taint a county with an estimated population of more than 250,000 people.
Following the mistrial, the Record posted an article on the case, which was shared by Mazzola on his Facebook page.
Court records show a week later Kanneganti filed a motion for sanctions, arguing that Mazzola violated a court ruling ordering him not to post anything else related to the case online until the trial was over.
While the trial was indeed over when Mazzola posted the article, a new trial had already been slated for April 2.
“On March 19, 2018, Mr. Mazzola shared a post on his firm’s Facebook page linking to an article on the Southeast Texas Record,” the motion states.
“This article discussed the recent mistrial called by the court after the jury was unable to reach a verdict. Mr. Mazzola was interviewed for the article and it contains quotes from him that plaintiffs’ counsel will look to select a more impartial and 'colorblind' jury the next time around.”
The plaintiffs in the case are African American.
Mazzola did in fact speak with the Record after the mistrial, saying he and his team will look to select a more impartial and “colorblind” jury when the case is retried.
The son of the plaintiffs, Justin, was admitted to Baptist on Oct. 9, 2013, after attempting suicide by overdosing on Valium. He was then transferred to the Behavioral Health Center where he came under the care of Kanneganti on Oct. 10, 2013.
Holman Bobb (Justin’s mom) was informed later that day her son was in a coma after again attempting suicide with items left in his hospital room.
A housekeeper discovered Justin, who had been left alone, hanging from a sheet that he had threaded through the air-conditioning vent, according to court records.
He died on Oct. 15, 2013.
The plaintiffs blame Kanneganti, a psychiatrist, for failing to take reasonable steps to protect Justin from self-inflicted harm, especially when considering his previous suicide attempt.
Kanneganti believes Mazzola’s “blatant” violation of a court order prohibiting the posting of articles written about a public litigation proceeding is a clear show of “disrespect” to the court.
“His (Mazzola’s) egregious disregard for this Court’s orders and instructions breeds disrespect for this court and threatens the integrity of the judicial system,” the motion for sanctions states.
The motion further argues that unless “more pointed action is taken” against Mazzola, he will continue to share articles that are already available online and in a print edition that is circulated throughout Jefferson County, which includes a news stand in front of the county’s courthouse.
Bobb and Johnson are seeking medical expenses, damages and funeral and burial expenses, plus exemplary damages.
Along with Mazzola, Joe House of the Houston law firm House Perron & House also represents the plaintiffs.
Kanneganti is represented by Mary Kathleen Evans, attorney for the Houston law firm Luccia & Evans.
Judge Justin Sanderson, 60th District Court, is presiding over the case.
Case No. B195-736