A Limestone County man who suffers from a rare brain disorder is asking a judge to force his parents to return money that has been raised to help him fight the debilitating condition.

Rodney Lee Griffin is accusing his parents, Richard D. Griffin and Barbara A. Griffin, of China Spring, of stealing money and blocking his access to a bank account set up before a benefit in March that was attended by more than 1,000 people.

A lawsuit, filed this week in Waco’s 170th State District Court, does not specify how much Griffin claims his parents took from him, but it seeks exemplary or punitive damages because he claims their actions were malicious.

The suit, filed on Rod Griffin’s behalf by San Antonio attorney Kevin Mickits, asks 170th State District Judge Jim Meyer to order Griffin’s parents to “return all monies and benefit donations to the plaintiff along with a complete accounting of all funds that were ever in their possession, custody or control.”

No criminal charges have been filed in the matter.

Griffin, 48, has been diagnosed with cerebellar ataxia, a condition that affects coordination, speech and other bodily functions.

There is no known cure, the suit says. As a result of his condition, the former FedEx employee can no longer work and is on partial disability.

Richard Griffin said Wednesday that he was unaware that a lawsuit had been filed, adding that the action catches him by surprise. He said his wife was listed as a customer on the account because she has been taking their son back and forth to doctors, some in faraway cities.

“This is just a big misunderstanding, but it is a family misunderstanding,” Richard Griffin said. “Hopefully, we can get it all cleared up.”

He deferred additional comment to their attorney, David Alford, who did not return phone messages left at his office.

When Rod Griffin’s condition became known, a number of friends and family members organized a fundraiser for Griffin in March at the Heart O’ Texas Coliseum in Waco and set up an account for him at Wells Fargo Bank, the suit says.

Griffin’s mother and his wife, Tanya M. Griffin, were listed as customers on the account.

The suit alleges unlawful conversion of funds, breach of fiduciary duty, fraud and theft.

It claims that Griffin’s mother closed the account the day before the fundraiser and opened another account that listed only herself as the customer, not Griffin or his wife.

After the fundraiser, which included auctions, a barbecue dinner and more cash donations, Griffin collected a portion of the cash but was told his mother had directed that contributions made by check be given to her, the suit alleges.

“Rod Griffin traveled to the home of Barbara and Richard Griffin and demanded the return of all of the proceeds from the benefit,” the suit claims. “Barbara and Richard Griffin refused to return the proceeds and, as of the date of the filing of this petition, Barbara and Richard Griffin are still in possession of the proceeds.”

twitherspoon@wacotrib.com

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