Facts

Clyde Carruth bought a funeral package and crypt for himself and his wife in 1967. Upon his death, Clyde wished to be placed in the crypt together with his wife. Clyde's wife passed away in 1986 and Clyde passed away in 2003. Thereafter, Clyde's family had his remains cremated at Mount Vernon Memorial Park in Fair Oaks, California. The remains were to be interred in the crypt. However, they were first locked in a storage cabinet while Clyde's children, Thomas, now 70, and Chuck Carruth, 67, decided whether to have an interment ceremony. During a 2004 audit, a determination was made that the cremated remains were missing. Efforts to find the remains proved unsuccessful. Mount Vernon notified the Carruths and told them they would be willing to hire a private investigator for the purpose of locating the missing remains.

Thomas and Chuck filed a lawsuit against Mount Vernon after the family asked Mount Vernon not to take further action. Chuck's wife Diana Caruth, 64, was also named as a plaintiff in the lawsuit. The plaintiffs' complaint included causes of action for intentional infliction of emotional distress, negligent infliction of emotional distress, negligence, negligence per se and breach of oral, written and implied in fact contract. Subsequently, the plaintiffs' motion for a directed verdict was granted as to the negligence claim which was the only claim that was not dismissed. The issue of serious emotional distress and whether the defendants' negligence caused it reached the jury for consideration.

DEFENDANT'S CONTENTIONS:
The defendant conceded that it was unable to locate the decedent's remains.

Settlement Discussions

The plaintiffs demanded $120,000. This amount was increased to $500,000, then reduced to $150,000. The defendant offered $20,000 to Thomas and Chuck Carruth each and $10,000 to Diana Carruth (C.C.P. 998).

Damages

Plaintiffs Thomas and Chuck sought $1 million each. Diana sought $100,000. The defense recommended $10,000 to $15,000 for each plaintiff.

Injuries

The plaintiffs claimed they suffered from serious emotional distress.

Result

Defense verdict as to Diana Caruth for failure to find that she had suffered serious emotional distress. A mistrial resulted as to the remaining plaintiffs.

Deliberation

2.5 days

Poll

11-1 (that Diana Carruth suffered no emotional distress as a result of defendant's negligence), 7-5 (in favor of defendant as to Thomas Carruth), 8-5 (in favor of defendant as to Chuck Carruth)

Length

nine days