Facts

Laurel Ferguson wished to be cremated and buried next to her father at the Temple Israel Cemetery in Stockton. Her family purchased a plot for her but she was mistakenly buried in the wrong plot. Later, it was discovered that her ashes had been moved to the correct plot sometime between the burial and unveiling of her headstone by the cemetary superintendent. Her daughter sued the cemetary alleging intentional infliction of emotional distress.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant's negligent handling of her mother's corpse caused her emotional injuries.

DEFENDANT'S CONTENTIONS:
The defendant contended it was not legally obligated to inform the family of the relocated ashes in accordance with the Health and Safety Code and that the cemetary was merely correcting a mistake.

Specials in Evidence

$1200 for psychological counseling.

Damages

$6,500 for psychological evaluation and $150,000 for past pain and suffering. The defendant contended only ten percent of plaintiff's emotional distress was due to the relocation of her mother's ashes.

Result

The defendant was negligent in handling remains but not liable for plaintiff's emotional distress. The plaintiff was awarded $15,000 in medical and pain and suffering damages.

Deliberation

four hours

Poll

10-2 (negligence for plaintiff), 9-3 (intentional infliction of emotional distress for defendant), 10-2 (damages for plaintiff)

Length

six days