My only speculation was that she was too drunk/stoned to notice. I can't imagine how any rational jury would find in favor of her (yes, I realize how stupid juries can be).
I’m not sure how marble (insulating, moderate heat capacity) could give a third degree burn through clothing. I can certainly see it getting hot enough in the Texas sun to cause a minor burn. I also don’t see a third degree burn getting confused with a first degree burn.
I’m going to just throw this out there:
1) lady sits on bench, maybe is obese or diabetic and can’t feel pain well. Gets first degree burn.
2) lady sees doc, is (correctly) diagnosed with first degree burn. Medical documentation says it’s from bench.
3) Knowing that her burn is now medically documented, lady hatches clever scheme and burns herself more severely at home
4) Sees doc again, getting burn upgraded to third degree, with medical documentation still saying that the burn is from the bench
5) Lawsuit!