Floyd Davis, et al. v. Huntington Memorial Hospital
Published: Sep. 17, 1994 | Result Date: Aug. 12, 1994 | Filing Date: Jan. 1, 1900 |Case number: GC0060464 – $0
Judge
Court
L.A. Superior Alhambra
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Thomas R. Callahan
(technical)
William A. Lamers
(medical)
Defendant
Gerald Bagley
(technical)
Facts
On April 10, 1991, the decedent, the mother of 2 Plaintiffs, Pearlean White and Floyd Davis, died at Defendant Huntington Memorial Hospital. In addition to the daughter and son, the Plaintiffs herein, she was survived by 4 other sons. The family then asked the social worker at Huntington Memorial Hospital how long they could leave the body there, since they intended to ship it back to Mississippi, for burial, and had not as yet made funeral arrangements. The social worker assured the family that they should not worry; that they should go home and grieve; that they should then make the funeral arrangements among themselves and, when the decision had been made, they should notify the hospital; and until such time, the body could remain there at the hospital. At approximately 7:00 p.m. that evening, an Authorization to Release Remains was faxed to the admitting office at Defendant hospital. It was on a form provided by Cabot & Sons Mortuary, a Pasadena mortuary for 65 years. The authorization provided for the release of the decedent, Ardean Davis, to Cabot & Sons Mortuary. The signature was witnessed by Thomas Ashby, the owner of the Mortuary Services of Southern California, a body transport service. The form was signed by Mark Champaine, and he was noted on the form to be the son of the deceased. In fact, Mark Champaine was not one of the decedent's sons, but rather, a friend of one of the sons and a boyfriend of a woman who rented a room in the home of the decedent. Mr. Champaine was in the body transport business and had told Plaintiff Pearlean White that he would do the best service of transporting her mother. Plaintiff Pearlean White allegedly declined this invitation. The body was indeed taken by Mark Champaine and signed for by his driver, Michael Nicholson, and delivered to Cabot & Sons. The family was then contacted by Cabot & Sons for the arrangements; they contacted the hospital; and the hospital advised the family that they no longer had possession of the body. In the meantime, the body remained unrefrigerated at Cabot & Sons overnight; the next morning, April 11, it was picked up again by Mark Champaine and taken to the unrefrigerated facilities of Mortuary Services of Southern California; and eventually that day, about 1:00 p.m., the family made arrangements with the new mortuary and the body was transported to Mountainview Mortuary, reaching there about 7:00 p.m. By then, the body was decomposing; and it was determined that an open-coffin viewing was not in order.
Settlement Discussions
Defendant Huntington Memorial Hospital contends they made no offers and Plaintiff demanded $75,000 from this Defendant.
Damages
$250,000 was sought at trial.
Injuries
Emotional distress.
Other Information
Prior to trial Mountainview Mortuary settled for $65,000 and Cabot & Sons Mortuary settled for $25,000. Mark Champaine and Mortuary Services of Southern California were dismissed prior to trial due to bankruptcy or inability to serve.
Deliberation
1 hour, 45 minutes
Poll
9-3
Length
7 days
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