Mary Stephens v. Jones Mortuary, Inc.
Published: Nov. 15, 1997 | Result Date: Apr. 9, 1997 | Filing Date: Jan. 1, 1900 |Case number: 395916 – $17,800
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Scott E. Schutzman
(Law Office of Scott E. Schutzman)
Defendant
Experts
Plaintiff
L. Scott Frazier
(medical)
Michael Kubasek
(technical)
Defendant
Donald Sawyer
(technical)
Facts
On April 18, 1995, plaintiff Mary Stephens, a 60-year-old woman, entered into a contract with the defendant Jones Mortuary Inc. The defendant was to embalm the remains of her son, daughter-in-law and grandson and then ship them to Los Angeles by June 20, 1995. The bodies arrived one day late for the funeral. In addition, there were fluids oozing out of the bodies. The plaintiff brought this action against defendant based on negligence and breach of contract theories of recovery.
Settlement Discussions
The plaintiff made no settlement demand. The defendant made a C.C.P. º998 offer of compromise for $15,013.
Damages
The plaintiff asked the jury for $500,000.
Injuries
The plaintiff claimed she suffered severe emotional distress.
Other Information
The verdict was reached approximately one year after the case was filed. A settlement conference was held on March 21, 1997. It did not resolve the matter. POST TRIAL MOTIONS: A motion for attorney fees and extraordinary costs was granted.
Deliberation
3 1/2 hours
Length
six days
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