Facts

Osie Whitten and Ralph Williams died in 1990 from serious ailments. Before their deaths, they applied and were accepted into the U.C. Davis Body Donation Program. Both Whitten and Williams conveyed their intent to donate their bodies to science.

In 2003, 160 pounds of human remains were found in Yolo County and an investigation ensued. It was revealed that defendant David Beale had attained possession of human body parts that were designated for use in the body donation program. Defendant Beale was employed as an autopsy assistant with defendant Pathology Support Services. Defendant Pathology Support had a contract with U.C. Davis Medical Center's Pathology Dept. to provide autopsy assistants.

Plaintiffs, the family members of the decedents, filed a lawsuit, alleging negligent supervision, negligent infliction of emotional distress, intentional infliction of emotional distress, and violations of the California Business and Professions Code.

PLAINTIFFS' CONTENTIONS:
Whitten's son identified his father's head at the coroner's office, which had clearly been mutilated. This observation was inconsistent with the decedents' signed agreements with the body donation program, indicating that their remains were to be used solely for scientific purposes and cremated afterward.

DEFENDANTS' CONTENTIONS:
Defendants disputed any claims that the body parts had been mutilated. They also asserted that when a body arrived at the body donation program, it became property of the university.

Defendant Beale testified that he took the remains to preserve them for use. Defendant Pathology Support refused to substantiate defendant Beale's claims, asserting that his actions were deemed thefts and criminal acts that were not foreseeable. Further, defendant Pathology Support contended that it had adequately supervised defendant Beale and his wrongful conduct went beyond the course and scope of his employment.

Injuries

Plaintiffs sought personal injury damages. They claimed they underwent psychiatric or psychological counseling to cope with the emotional distress they experienced after discovering that defendant Beale had mishandled their loved ones' remains. Two of the plaintiffs were even diagnosed with post traumatic stress disorder.

Result

The parties settled the case for $1,100,000. Defendant Regents of the University of California paid $400,000 and defendant Pathology Support paid $700,000.