Waskom couple sues funeral home over burial

Exhumation finds that Slades' son was still in the body bag

MARSHALL —

A Waskom couple has filed suit against a local funeral home, claiming breach of contract and negligence.

Local lawyers Mike C. Miller and Rick Berry filed July 16 in 71st District Court on behalf of their clients Charles and Tammy Slade.

The lawsuit names Carriage Funeral Holdings Inc. and Carriage Services Inc. of Houston, owners of Sullivan-Heaster Funeral Home.

The defendants in the case have not yet filed a legal response.

The plaintiffs are the parents of Charles Edward "C.J." Slade, 25, whose body was found on the railroad tracks in Waskom on the morning of July 21, 2006.

Ms. Slade "entered into a contract" with Sullivan-Heaster "for funeral and burial services," the lawsuit says, adding: "Mr. and Mrs. Slade were verbally informed that because of their child's devastating injuries, embalming procedures would not only be unnecessary but impossible."

"Further, defendants alleged the body would not be able to be fully dressed, but assured the plaintiffs that, if they were to bring in clothing," it would be placed on top of the body.

However, the lawsuit notes the Slades were billed for "cosmetology, dressing, (and) casketing."

When Slade's parents had his body exhumed for a second autopsy, "a gruesome discovery was made," the document states, adding Slade was "in the same black body bag he was placed into at the time of his death" and "the body was filthy and covered in soot."

The funeral home had "taken no steps to preserve or dress the body and did not even observe the most basic of courtesies and practices in cleaning the body," it adds, noting Slade "was still dressed in the same khaki pants and gray tee shirt" he was wearing at the time of his death."

This was "a clear indication that he was capable of being dressed," the document adds.

"Apparently, the defendants simply took the body, dirty and disfigured, as it was when they received it and did nothing by way of caring for and preparing the body for burial," it states.

The lawsuit charges negligence in failure to prepare the body before burial and breach of contract in that the Slades were not provided services for which they paid.

It also says the funeral home was "negligent in the practice of funeral directing through their acts and omissions regarding adequately preparing the body of the deceased for burial.

It seeks damages "in an amount far in excess of the minimum jurisdictional limits of this court" for the Slades' "economic damages, mental anguish, physical pain and suffering, and medical expenses.

"Mr. and Mrs. Slade have suffered physical manifestations ... including ... anxiety attacks and depression to the point that Mrs. Slade had to seek medical treatment and was placed on stronger dosages of prescriptions drugs to threat these physical manifestations," the lawsuit says.