My client’s mom died unexpectedly in a car crash. What a funeral home did next was unlawful – and their negligence caused emotional distress.
The crash victim had not set up any funeral arrangements to be followed in the event of her death. Her adult sons called various funeral homes to get estimates for the costs of a funeral. One of the several funeral homes they called went and picked up her body from the county coroner without her family’s permission or consent. After picking up the body, the funeral home then had the body embalmed, also without authority or consent.
Under Ohio law, funeral homes are required to have consent before picking up a deceased body, and are required to get written consent before embalming. Neither of these things were done in this case.
The funeral home admitted the mistake, but contended that our clients were not damaged in any way, because they got a “free” pick up and embalming. We argued that our clients were not only denied their choice of funeral home, they also suffered great emotional distress upon learning that their mother had been picked up and taken away unlawfully. In addition, we argued that the funeral home had fraudulently advised the coroner that they had been given authority to pick up the body.
The case was settled short of litigation. The amount and terms of the settlement are confidential.
