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Negligent Cremation

Spring v. Spring

Published: Dec. 14, 1996 | Result Date: Nov. 19, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 749390 –  $1,000

Judge

Barbara Tam Nomoto-Schumann

Court

Orange Superior


Attorneys

Plaintiff

C. Brent Scott


Defendant

James E. Loveder

Philip G. Dorn


Experts

Defendant

Sam Bertoni
(technical)

Facts

On April 3, 1995, the plaintiff's father died. The plaintiff's uncle signed a document to release the decedent's body from the county coroner's office. On April 6, 1995, the defendant uncle authorized the Neptune Society to cremate his brother's body and to distribute the ashes at sea. The body was cremated and the ashes were distributed at sea approximatley 16 days after the decedent's death. The plaintiff was not advised of his father's death until 23 days after his demise. The plaintiff brought this action against the defendants, his aunt, uncle and grandparents, based on negligence and intentional infliction of emotional distress theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $150,000. The uncle and aunt defendants made a settlement offer of $10,000. The defendant grandparents made a settlement offer of $2,000.

Specials in Evidence

$900

Injuries

The plaintiff claimed emotional distress damages.

Other Information

The verdict was reached approximately one year and five months after the case was filed.

Deliberation

1+ hours

Poll

__________ (#s pls.)

Length

4 days


#79072

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