Marjorie Wintch v. SCI California Funeral Services, Inc.
Published: Jan. 27, 2007 | Result Date: Oct. 19, 2006 | Filing Date: Jan. 1, 1900 |Case number: C0402116 Verdict – Defense
Court
Contra Costa Superior
Attorneys
Plaintiff
Michael L. Schrag
(Gibbs Law Group LLP)
Tyler R. Meade
(The Meade Firm PC)
Defendant
Steven H. Gurnee
(Gurnee, Mason & Forestiere LLP)
Facts
Plaintiff Marjorie Wintch, age 75, bought a burial plot at defendant SCI California Funeral Services Inc. The plot was next to her daughter's. Defendant later erroneously sold the plot to someone else. Plaintiff learned of that sale and her money was refunded. Defendant gave plaintiff the plot on the other side of her daughter's. However, plaintiff's interest in the new plot was not recorded and was again sold to another person. Defendant offered plaintiff other plots in the city where she resided. Plaintiff rejected the offer and sued, alleging emotional distress. Defendant admitted liability, but disputed the claims for damages. It asserted that plaintiff could not claim damages for emotional distress as her interest involved real estate. Plaintiff's case went forward on a negligence theory.
Settlement Discussions
There was a $12,001 offer under Code of Civil Procedure Section 998.
Damages
Plaintiff claimed $325,000 to $475,000. She also sought unspecified damages for future emotional distress.
Result
Judgment was for defendant.
Deliberation
six hours.
Poll
9-3
Length
four days
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