. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.



Miami-Dade County, FL

The plaintiff alleged that the defendant funeral home buried her father in the wrong grave, buried a stranger on top of him, and then buried her mother on top of another stranger. A number of the plaintiff’s siblings settled their claims against the defendant prior to trial. The case included counts of tortious interference with a dead body, and intentional infliction of emotional distress. The plaintiff sought punitive, as well as compensatory damages against the defendant. The defense argued that mistakes were made, but were rectified as soon as discovered. The defendant also disputed that the incidents caused the severe emotional distress claimed by the plaintiff.

Evidence showed that the plaintiff’s father died in ________, and was buried in the defendant’s cemetery in Naranja, FL. The plaintiff’s mother died in ________, and was also buried there. The plaintiff testified that she visited her father’s grave for some seven years until ________, when she learned that the grave did not actually contain her father’s body.

The plaintiff alleged that the defendant buried her father in the wrong grave (not the one purchased for his interment), and then, in ________, buried an unrelated male on top of him. In addition, the plaintiff asserted that the defendant negligently placed her mother on top of an unrelated female in ________.

The plaintiff argued that the mis-burial of her parents destroyed their wishes, and the family’s belief that their parents were buried next to each other. The plaintiff alleged that the defendant failed to keep appropriate records, knew that a mistake had been made; yet did not inform the plaintiff or her family of the error until ________. The plaintiff maintained that the defendant’s conduct was "extreme and outrageous."

The graves were disinterred and reburied. The plaintiff did not actually witness the transfer of the bodies, but was present at the cemetery when others handled the transfer. The plaintiff’s funeral expert testified that the burial vault of the plaintiff’s father was damaged in ________ when the second vault was buried on top of it.

The plaintiff’s psychologist testified that the plaintiff suffered severe emotional distress after discovering that her father was not in the grave she had visited. According to the plaintiff’s expert, the unearthing and transferring of her father’s remains to another location exacerbated the emotional distress to the point that the plaintiff required psychological counseling.

The defendant argued that the plaintiff’s father was placed in the proper grave, which was the space purchased for him in ________. The defendant conceded that it had made a mistake in burying the non-related male in the same grave, and in placing the wrong name on the grave. The defense also maintained that it offered to correct the mistake as soon as it was discovered, and did so as soon as the family consented to the disinterment. The defense maintained that its mistakes did not rise to the level of “extreme or outrageous” behavior.

On damages, the defendant contended that the plaintiff had prior emotional issues which contributed to her need for psychological counseling.The jury found for the plaintiff on all counts. The plaintiff was awarded $________ in compensatory damages. The jury declined to award punitive damages.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.