As reported by SC Now, a South Carolina family has been doubly grieved – once by the death of a family member, and a second time by the way that a funeral home dismissed their wishes and failed to allow them the opportunity for closure.
The Cain Funeral Home has been named in a
personal injury lawsuit for cremating remains too soon.
The Reeves family had expressed, and arranged, their wishes concerning the handling and cremation of family member, P.R., with the Cain Funeral home. Because the funeral home followed different procedures the family has filed a personal injury lawsuit.
The Reeves family includes the deceased’s father, J.P. R., mother P.R., and their two sons, Kevin and Charlie.
Along with the nursing home, also named in the suit is the Palmetto Crematory LLC.
The suit reads: “The defendants knew, or should have known, that the circumstances of the decedent’s death and the original handling of his body by the Sheriff and Coroner were such that the family had no full and fair final opportunity to pay their respects to his body. The defendants knew, or should have known, that the family, specifically his siblings, wanted to pay their respects and say farewell to the body prior to its disposition.”
P.R. died on August 14, 2009. The family alleges that they had a written contract with the funeral home – where part of it read that (Charles) was to be both notified and present during his brother’s cremation.
Allegedly Charles’ point in making the arrangement was not so that he could be present alone, but also to “make sure Kevin was present to witness the cremation. Kevin’s desire to see the dead body of his brother was to be met by witnessing the cremation, and that desire was known by the defendants.”
But, the suit contends, the arrangement was not followed and “the defendants without excuse did negligently, recklessly, willfully and wantonly cremate the body of (P.R.) without notification to the plaintiffs.”
Attorney Reynolds Williams, representing the Reeves family, said, “There was a signed agreement with the funeral home. The funeral home agreed they would dispose of (P.R.’s) remains in a certain way and that the family would get to witness the disposal. To these boys (P.R.’s brothers) and their parents, it was really important that they get to see they body and witness the cremation, and when that didn’t happen, it messed everything up. South Carolina has a long and distinguished history of recognizing that the next of kin has the complete right to control the disposition of remains. Nobody gets to interfere with the next of kin’s decision on something like that.”
It was on August 16, 2009, when the Reeves family phoned the funeral home to ask about the cremation, that they were told that it had already taken place.
The suit claims that the family has been injured by humiliation, wounded feelings, aggravated grief and sorrow, health care expenses and permanent and painful physical and emotional scarring. They are asking for a jury to determine a punitive damage award and for actual damages not to go over $500,000.
The $500,000 amount is a statutory level.
If you have been hurt by the actions of another person, you have grounds for a personal injury lawsuit. Look over our directory today and contact a personal injury lawyer near you!