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Q: negligent cremation ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: negligent cremation
Category: Miscellaneous
Asked by: dman-ga
List Price: $10.00
Posted: 23 Jan 2005 23:07 PST
Expires: 22 Feb 2005 23:07 PST
Question ID: 462321
I am looking for cases or articles discussing how much people have
recovered for negligent cremation.
Answer  
Subject: Re: negligent cremation
Answered By: cynthia-ga on 22 Feb 2005 03:07 PST
Rated:5 out of 5 stars
 
Hi dman,

I found a few cases for you, click on the links to read the awards and
conclusions in the Court Documents.

Wrongful cremation - Award: $700,000
http://www.calbar.ca.gov/calbar/2cbj/99dec/trldigest.htm
A deceased man's family claimed defendants wrongfully cremated him and
caused doubt about the identity of his remains (Podva v. Dendon
Service Corp., Tehama County Superior Court).

Family Sues Donald Trimble For Wrongful Cremation
http://www.zwire.com/site/news.cfm?newsid=4101470&BRD=1077&PAG=461&dept_id=237827&rfi=6

A suit with Akins Funeral Home in Alabama
http://www.wallacejordan.com/decisions/Opinions2003/1020198.pdf

A Class Action Suit involving Wrongful Cremeation by a Funeral Home:
http://www.gilardi.com/pdf/cremar.pdf

At the link below, see:

Gidvani v. Farmers New World Life Insurance Co.
Harris Co., Texas, Dist. Ct., No. 98-50386 (11/7/03)
http://www.verdictsearch.com/jv3_news/feat_ctype/081104/
(Available for purchase $9.95)
..."Man whose wife drowned on second day of honeymoon claimed her
cousin and life insurer delayed cremation to investigate her death,
denying her a traditional Hindu burial.."

At the next link, scroll down about halfway to:

Holding the Line: Two Appellate Courts Decline to Expand Duties of
Hospital and School District
http://declarationsandexclusions.typepad.com/weblog/new_cases_personal_injury/
..."Spates v. Dameron Hospital Assn. (Dec. 11, 2003), Case No.
C043762, the plaintiff had visited her aging mother in defendant
hospital most recently some 9 months prior to her mother?s death.
Although the daughter had left information concerning her current
address on that visit, the information was not contained in the
hospital?s main file relating to her mother. When the mother died, the
hospital tried the number it had in its main file and contacted the
convalescent facility at which the mother had been living; none of
those efforts led to the daughter?s current location. Not having found
the next of kin, the hospital turned the remains over to the county
coroner, who eventually disposed of them by cremation......The
decision can be found at these links in PDF and Word formats..."

Lawsuit over cremation mix-up
http://www.news.com.au/story/0,10117,8732603-26462,00.html

Hope this helps...


~~Cynthia


negligent ~cremation award 
award "wrongful cremation"
dman-ga rated this answer:5 out of 5 stars and gave an additional tip of: $25.00
Cynthia did a great job.

Comments  
Subject: Re: negligent cremation
From: cynthia-ga on 22 Feb 2005 10:41 PST
 
dman,

WOW!!  Thanks SO MUCH for the 5 stars, the kind words, and the KILLER
TIP!!  I'm glad I looked at the "soon-to-expire" questions, and will
continue to do so. You made my day!

~~Cynthia

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