BEAUMONT – A Baptist Hospital patient who spilled hot coffee on himself, resulting in a few treatable blisters, wants the Ninth Court of Appeals to reverse a summary judgment ruling in favor of the health care provider.
Back in February 2017, Israel Bob filed a healthcare liability claim against Baptist Hospitals of Southeast Texas in Jefferson County District Court.
Nearly two years earlier, Bob alleges that a Baptist employee placed a cup of hot coffee on a rolling table positioned over him while he was sleeping. When he awoke, he reached for the coffee and spilled it on himself, causing blisters.
Court records show the blisters were treated with Silvadene cream and healed without infection or complication.
Baptist argued there was no evidence to support Bob’s claims and moved for summary judgment, which the trial court granted.
Bob appealed the decision last September and now the case has been set for submission on briefs for Aug. 10, court records show.
In his brief, Bob asserts a Baptist employee delivered “unrequested” hot coffee to him while he was sleeping, breaching the standard of care.
Conversely, Baptist argues there is no evidence that any of its employees brought Bob coffee.
“So here’s the Nancy Drew / Hardy Boys mystery: who placed the hot coffee astride Bob’s lap table while he was sleeping?” Bob’s brief states. “Bob doesn’t even drink coffee, plus he was too weak to get out of bed and get it from the cafeteria.
“The abundance of circumstantial evidence in this case spilleth over like a cup of hot coffee delivered by (Baptist) in the wee hours of the morning.”
Bob is asking the Ninth Court to reverse the summary judgment ruling and remand the case, as the record “is ripe with genuine issues” worthy of a jury trial.
Baptist disagrees.
“Despite the melodramatic claims made in (Bob’s) Brief, there is simply no evidence whatsoever that some person in (Baptist’s) employ placed a hot cup of coffee on Bob’s bedside table while he was sleeping, even though he never asked for coffee and did not drink coffee,” Baptist’s brief states. “Bob did not see who put coffee in his room but testified that he awoke, saw a black plastic cup containing coffee, reached for it, and spilled it on himself.”
Baptist is represented by Christina Huston and Carol Kennedy, attorneys for the Woodlands law firm of Cooksey, Marcin & Huston.
Bob is represented by Mark Sparks and Layne Walker, attorneys for The Ferguson Law Firm in Beaumont.
Judge Mitch Templeton, 172nd District Court, is presiding over the case in the trial court.
Trial case No. E-199607
Appeal case No. 09-20-00228-CV