The daughter of a woman whose throat was slashed at the hands of her husband wants a wrongful death lawsuit against her father's estate to end.
Kamil Mikhayel, who is the personal representative of the estate, says her father was not at fault in the Oct. 17, 2011 killing of her mother at her parents' Edwardsville home. She says her father had a mental condition and was taking prescription drugs at the time.
The lawsuit was filed Dec. 16, 2011 by Muawiya Huneidi, the brother of Marwa Huneidi. The suit says that Khalil Mikhayel killed himself after he killed Marwa Huneidi.
Kamil Mikhayel answered the lawsuit on June 1, stating that Dunya Mikhayel, the heir entitled to inherit, does not want to proceed with the lawsuit.
The defense states the care for Marwa Huneidi's safety was affected by Khalil Mikhayel's medical condition and prescription drugs. Marwa Huneidi was allegedly aware of that condition and contributed to the attack by placing herself in danger.
According to the original lawsuit, "in disregard of his duty to plaintiff's decedent, defendant's decedent knowingly and without legal justification, killed her by cutting her throat with a knife and striking her in the head with a hard object, thereby causing her great pain and death."
Muawiya Huneidi seeks an unspecified judgment, plus costs and other relief.
Joseph R. Brown Jr. of Lucco and Brown Law Offices in Edwardsville represents him.
Merle Bassett of the Bassett Law Office in Wood River represents the defense.
The case is assigned to Madison County Circuit Judge Dennis Ruth.
Madison County Circuit Court case number: 11-L-1385.