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!
Well, it does seem a little strange that the hospital could misdiagnose a third degree burn as first degree, but she was in enough pain to go the hospital. I guess it’s possible, though it seems unlikely.
As for the obesity/diabetes causing the insensitivity to pain, that may be. If she had any sensitivity to pain, the burns would have to be classified as self-inflicted.
As for how hot the bench could have gotten, let me put it this way - white concrete burns my bare feet right now (in Texas) and I have no doubt that if I stood still instead of running when I find myself on it, I could get a real burn.
But, as I posted already, what was everybody else doing? Did nobody say “How can you possibly be sitting on that?!”
In any case, the reality of lawsuits is that it is usually cheaper to settle than to fight. The only question is whether the Cowboys will post warning signs, or just remove the benches.