Confidential

Facts

On March 29, 2003, the decedent, Gilbert Kaeser, died at home, where he lived with his daughters, the plaintiffs Julie and Heidi Kaeser. The plaintiffs called the defendant McCormick & Sons Mortuaries to have their father's remains preserved then shipped to a mortuary in Illinois for viewing and funeral services. McCormick & Sons, according to the plaintiffs, failed to properly embalm the decedent's remains, causing the remains to decompose, with the skin blistering, the arms, legs and face becoming discolored and the remains purging a dark liquid from the mouth. The remains required extensive remedial embalming work, resulting in the plaintiffs incurring additional charges. Photos were taken, but not shown to plaintiffs. After the remedial embalming work, the remains were still able to be viewed at the Illinois funeral home. In spite of McCormick & Son's allegedly negligent embalming, and the distress it caused the plaintiffs, the plaintiffs paid all of McCormick & Sons fees, but refused to pay for the embalming fee. The defendant McCormick & Sons then sued the plaintiffs in Small Claims Court to recover its embalming fee. The plaintiffs then brought suit against McCormick & Sons for its negligent embalming of their father's remains.