Mirna Amaya, Jorge Alberto Hernandez v. County of Los Angeles, et al.
Published: Apr. 3, 2020 | Result Date: Feb. 3, 2020 | Filing Date: Apr. 6, 2017 |Case number: BC656724 Settlement – $200,000
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Luis A. Carrillo
(Carrillo Law Firm LLP)
Defendant
Brian T. Chu
(Office of the Los Angeles County Counsel)
Facts
Jorge Hernandez overdosed on drugs and died at Glendale Adventist Hospital. The Los Angeles County Department of Medical Examiner-Coroner took custody of the body. The morgue had another decedent with the same first and last name as decedent. The other decedent was scheduled to be cremated as he was indigent. The coroner's office instead cremated plaintiffs' son.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs contended that they did not authorize defendant to cremate their son's body. Plaintiffs contended they were unable to pay their final respects to their son. Plaintiffs contended that defendant's conduct was negligent and constituted negligent infliction of emotional distress.
DEFENDANT'S CONTENTIONS: Defense contended that the coroner's attendant matched decedent's name but not the case number of who was actually scheduled to be cremated.
Defendant contended its actions were lawful and appropriate.
Result
Defendant agreed to pay $200,000 to settle plaintiffs' claims.
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