A knife-wielding pizza man and the remains of two auto-accident victims are among the subjects in five new cases of interest in Southeast Texas.
Chadi and Carina Mezayek v. Domino's Pizza LLC and Jeremy Wayne Russell
Harris County District Court, Dec. 6
Russell allegedly stabbed Chadi Mezayek on Nov. 23 on Main St. in Houston as Chadi and his wife were walking home from dinner. Russell, who was working deliveries for Domino's at the time, was riding a bicycle past them, yelled at them and dismounted, the suit says.
"After dismounting, Defendant Russell continued to yell at Plaintiffs as he approached them on foot," the suit says.
"As Defendant Russell reached Mr. Mezayek, he began to physically attack him with a knife, stabbing him nine times before fleeing. Mr. Mezayek collapsed to the ground after the attack, striking his head on the pavement as he fell."
Mezayek said he did nothing to cause the incident and says Russell had been convicted of multiple violent crimes prior to it. He alleges gross negligence in hiring and retaining Russell, whom he accuses of assault.
Steve Kherkher of Kherkher Garcia and David Salazar of The Salazar Law Firm represent the plaintiffs.
Tiffany Smith-Cofield v. Family Care Mortuary, et al.
Harris County District Court, Dec. 6
Smith-Cofield's mother and sister died in a car accident in June 2023. Her sister, Britney Joy Murphy, was a noted TikTok personality with more than 400,000 followers.
But the remains of Murphy and Sherie Smith were mishandled by Family Care Mortuary, the lawsuit says. Smith-Cofield says she was told a "lawyer friend" might pay for the funeral, presumably an attempt to drum up a personal injury lawsuit.
Then, a GoFundMe that was suggested raised more than $100,000 but the defendants kept all of it through upcharges on the original $18,000 estimate, the suit says. All the while, Murphy's body rotted while the funeral home delayed cremation, it is alleged.
Eventually she received a broken urn missing a customized nameplate with an unknown percentage of her sister's ashes, Smith-Cofield says.
"It was deeply disturbing," the suit says. "Tiffany was scammed, and in the process, severely aggrieved. Tiffany is devastated and has suffered, and continues to suffer, severe mental anguish.
"She has no way to process their grief, no chance to say goodbye. This is a significant claim for mental anguish."
Arturo and Rosa Flores v. Randall's Food & Drugs
Harris County District Court, Dec. 4
Arturo Flores says he contracted cancer after years of working at a Randall's distribution center in Roanoke. He says the causal link between the exposure and his diagnosis wasn't discovered until June 2024.
"Had Defendant provided necessary equipment, safeguards, training and a safe workplace, Plaintiff would not have suffered the injuries he sustained," the suit says.
"Specifically, Plaintiff would not be dying."
James Funderburk v. Walmart, Inc., et al.
Harris County District Court, Dec. 2
Funderburk seeks up to $1 million from Walmart and Securitas Security Services, after he says he was attacked by a homeless man in January 2023 at a Houston Walmart.
He says the defendants let the man live behind a large water dispenser next to the front door. The man was trying to steal Funderburk's bicycle when Funderburk caught him, he says.
"The homeless man became irate and violently attacked Plaintiff," the suit says.
In re: Red River Talc LLC
U.S. Bankruptcy Court for the Southern District of Texas, Dec. 4
The heated battle over Johnson & Johnson's plan to use a subsidiary and the bankruptcy system to settle thousands of lawsuits claiming asbestos-containing talc caused cancer has spawned this appeal.
The Coalition of Counsel for Justice for Talc Claimants, a group of law firms representing alleged asbestos victims, is appealing an order in the bankruptcy court that denied motions to transfer venue.
That October order kept the Red River bankruptcy in Houston bankruptcy court. Plaintiff lawyers want the case, J&J's third try after problems came up in New Jersey court, out of Texas.
J&J filed a prepackaged plan in Houston in September, over objections the bankruptcy belongs in the company’s home state of New Jersey. The proposed $9 billion plan to resolve the talc claims will be the subject of a January hearing at which lawyers can voice their support or opposition.