Mavis Wilson, et al. v. Houston Funeral Home
Published: Jun. 14, 1997 | Result Date: May 2, 1997 | Filing Date: Jan. 1, 1900 |Case number: BC089693 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
J. Michael McClure
(Stratman, Schwartz & Williams-Abrego)
Facts
In September 1991, plaintiff Mavis Wilson, a 48-year-old IRS employee and wife of decedent Melvin Wilson, contracted with defendant Houston Funeral Home for funeral services pertaining to her husband's death. The defendant attempted to determined if life insurance proceeds would pay for the funeral services. The funeral service went forward without incident on Sept. 24, 1991. On Sept. 25, 1991, the day of the burial, the plaintiff widow was picked up at her home by the defendant's limousine and believed she was being driven directly to Riverside Cemetery for burial of the casket. Instead, the defendant's driver transported her to the defendant's bank, where she met Willie Houston, who demanded payment for the funeral services before the burial would take place. The plaintiffs also claimed the driver of the limousine travelled at an excessive speed (over 100 mph) on the trip to the cemetery and spit grape seeds out the window while driving. The plaintiffs, the decedent's widow and adult daughter, brought this action against the defendant based on fraud and breach of implied covenant of good faith and fair dealing theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $125,000. The defendant made a settlement offer of $20,000.
Specials in Evidence
$375
Damages
The plaintiffs sought punitive damages.
Injuries
The plaintiffs claimed they suffered emotional distress.
Other Information
The verdict was reached approximately five years after the case was filed. A settlement conference was held on April 23, 1997 before Judge Sherman Smith of Los Angeles Superior Court. It did not resolve the matter.
Deliberation
3 hours
Poll
12-0
Length
8 days
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