...establish the element of serious emotional injury because authorities have acknowledged the likelihood of mental anguish resulting from the mishandling of dead bodies, as recognized in Carney v. Knollwood...remains in a heap in the back of the cemetery. In acknowledging a cause of action for the mishandling of a dead body as a sub-species of the tort of infliction of serious emotional distress, Carney quoted...of dead bodies is an example of a contract where recovery of serious emotional distress damages is allowed. Id. {¶ 30} Even if plaintiffs have presented sufficient...

.... Torts — Mishandling of dead body is sub-species of infliction of serious emotional distress — Employer and employee — Employer's retaining of employee tends to prove ratification of wilful and malicious act, when. O.Jur 3d Cemeteries etc. § 67. O.Jur 3d Damages §§ 77, 158. 1. Mental anguish resulting from the mishandling of dead bodies has...acknowledged the likelihood of mental anguish resulting from the mishandling of dead bodies. See infra. The syllabus law in Paugh, supra, does not lay down mandatory requirements, but rather...acknowledged. 2. A cause of action for the mishandling of a dead body is a sub-species of the tort of infliction of serious emotional distress. 3. The fact that an...

...of good faith and fair dealing, negligence, intentional and negligent infliction of emotional distress, mishandling of dead bodies and breach of fiduciary duty...alleged by Dowling and Hinrichsen. The motion was granted on Dowling's causes of action for negligence, mishandling of dead bodies and breach of fiduciary duty, but was otherwise denied. A motion for...Jongordon — the president and owner of Jongordon Corporation — agreed not to contact any of Robert's family about the mishandling of his ashes until Hinrichsen instructed him to do so. However, he telephoned...

...(5th ed. 1984) (recognizing the "traditional rule [that had] denied recovery for mere negligence [in the mishandling of dead bodies], without circumstances of aggravation...many cases involving the mishandling of dead bodies, whether by mutilation, disinterment, interference with proper burial, or other forms of intentional disturbance. In most of these cases the courts..."). Prosser and Keeton describe their view of the true nature of claims relating to dead bodies as follows...

...of action may take a variety of forms, including those that involve the mishandling of dead bodies. In...the early cases dealing with the mishandling of dead bodies, most courts based the cause of action on interference with a "property right" to the body, usually in the next of kin...upon to determine whether the trial court correctly ruled that there were no genuine issues of material fact to support plaintiffs' claims for breach of contract, negligent mishandling of a dead body...

...( 262 N.Y. 320) and the numerous out-of-State cases dealing with death notifications and the mishandling of dead bodies have long been confined to their peculiar subject matter, and...( Lafferty v Manhasset Med. Center Hosp., 54 N.Y.2d 277, 280), and the mishandling of or failure to deliver a dead body with the consequent denial of access to the...their right to custody of their child to the anguish of not knowing for a period of four months where the child was, or whether she was alive or dead, there is a sufficient guarantee of genuineness...

...circumstances. In the early days, these circumstances included the mistreatment or mishandling of corpses. See, e.g., Gostkowski v. Roman Catholic Church of the Sacred Hearts of Jesus & Mary, 186 N.E. 798 (N.Y. 1933) (deceased relative's body moved to another cemetery); Finley v. Atl. Transp. Co., 115 N.E. 715 (N.Y. 1917) (burial at sea without notifying relatives). The mishandling of dead bodies was...Seth is dead, no defamation claim can be brought in his name. See Restatement (Second) of Torts § 560 (1977) ("One who publishes defamatory matter concerning a deceased person is not liable...mean that no IIED claim that involved speech and arose out of harm to a dead person could ever be brought. But New York courts initially recognized the tort of IIED precisely in analogous...

...of dead bodies, but permits recovery where the mishandling has been merely negligent; and (2) that the Sinn v. Burd, 486 Pa. 149.... Furthermore, were we, arguendo, to conclude that the Papieves rule of recovery does not bar causes of action for negligent mishandling of the dead, we would nonetheless be forced to resolve this matter in appellees' favor due to the inherent fallacies in appellant's second argument: that the Sinn v. Burd limitations upon recovery for negligent infliction of distress are inapplicable to cases involving mistreatment of dead bodies. Appellant..., 404 A.2d 672 (1979), limitations upon recovery for negligent infliction of emotional distress do not apply to cases involving mishandling of the dead...

...mental distress, comments on Spiegel and similar cases dealing with the mishandling of dead bodies as follows: 17. Defendants...mental distress supported by the tort of malicious interference with plaintiff's right to bury the dead and inter the remains); Kuzma v. Millinery Workers Union Local 24.... 1970). The courts traditionally strive to discover some familiar and precedential basis of liability. In Spiegel, for instance, the right to bury the dead and inter the remains is characterized as...

...Emotional Distress in Fraud Litigation: Dignitary Torts in a Commercial Society, 42 Vand. L.Rev. 1, 1 (1989). Even the authority relied upon by the majority states, "[c]ases involving mishandling of dead bodies have...Court stated that a duty of care is owed by those with custody of the dead to family members. See also Flores v. Baca, 117 N.M. 306, 310... Ermelinda WILLIAMS, Nasario Lopez, Lillian Starzyk, Olivama Sandoval, and Erlinda Trujillo, on their own behalves and as Representatives of a class of similarly...

...: In most [cases involving the mishandling of dead bodies], the courts have talked of a somewhat dubious "property right" to the body, usually in the next of kin.... 102, 107) (1937), the court held that "(a)t common law no property right was held to exist in a dead body; and though this view is still maintained in a strict sense, the courts of civilized and...Christian countries regard respect for the dead as not only a virtue but a duty, and hold that, in the absence of testamentary disposition, a quasi property right belongs to the . . . next of kin." See...

...anguish resulting from the mishandling of dead bodies. See Carney, 33 Ohio App.... {¶ 30} The definition of the tort of "Interference with Dead Bodies" is found in 4 Restatement of the Law 2d, Torts (1979) 274, Section 868, which reads as follows...interments, cremations, or other disposal of dead bodies, made in the premises under the person's charge, stating the name of the deceased person, place of death, date of burial, cremation, or other disposal...

..., 538 A.2d at 350 (emphasis added) (citing Keeton § 12 at 63) ("there are a great many cases involving the mishandling of dead bodies . . . Some cases [recognize] what is sufficiently obvious...by injecting a needle into plaintiffs' decedent's dead body." Third Amended Complaint, Fourth Cause of Action. Plaintiffs further allege that defendant's conduct "constituted a deviation from the...that plaintiffs' Fourth Cause of Action "alleges a cause of action for mishandling of a corpse and not for emotional distress as a result of the death of a loved one." The court noted that "New...

... unauthorized mutilation of dead bodies. In short, Tulane failed to meet the obligation to ensure that the donated cadavers were being used in accordance with the terms of the donations. The appellees further argue that Tulane's unauthorized conduct violates La.C.C. art. 2315, and constitutes unauthorized mutilation, desecration, and mishandling of...such donations and arranged for the cadavers to be delivered to Tulane University School of Medicine. Tulane actively solicited and collected more bodies than its medical school training programs could.../mutilation of their deceased loved ones' bodies. Louisiana courts have held that Article 2315 of the Louisiana Civil Code is broad enough to encompass an action...

..., 118 Idaho at 837, 801 P.2d at 44 (adopting an exception to physical manifestation requirement in some cases involving mishandling of dead bodies). These... Curtis "Jay" JOHNSON, Plaintiff-Appellant, v. Mike McPHEE and JCAV, LLC, Defendants-Respondents. No. 33966. Court of...Appeals of Idaho. April 8, 2009. Review Denied July 8, 2009. Appeal from the District Court, First Judicial District, Kootenai County...

...). A number of decisions have involved the mishandling of dead bodies. . . . In these cases the courts have talked of a somewhat dubious "property right" to the body, usually in the next of kin...qualified only by the overriding police power of the state to regulate the care and disposition of dead bodies for the protection of public health and welfare. I have no doubt that the state may require...of human organs. The various provisions of chapter 245, Florida Statutes (1981), titled Disposition of Dead Bodies, are grounded on the right of the next of kin to claim control and possession...

...negligent infliction of emotional distress due to the mishandling of his mother's body is possible if the facts are viewed in the light most favorable to his case. A review of the law regarding the mishandling of dead bodies is...violation of administrative regulations), intentional mishandling of a dead body, and outrage. Hitchcock, Old Mission, and Wesley moved for summary judgment. The parties agreed on...those cases were negligent rather than intentional. Nevertheless, it seems that at one time our Supreme Court believed there was a cause of action based on negligent mishandling of a dead body...

...mishandling of dead bodies], the courts have talked of a somewhat dubious "property right" to the body, usually in the next of kin, which did not exist while the decedent was living, cannot be conveyed...massive intra-cranial bleed, and pronounced him dead the following morning. Sometime during the morning of August 22, 2002...give absurd or preposterous directions that would require extravagant waste of useful property or resources, or be offensive to the normal sensibilities of society in respect for the dead...

...(Halio v Lurie, 15 A.D.2d 62) and, finally, those cases involving the mishandling of dead bodies (Finley v Atlantic Transp. Co...distress and physical inconvenience where the gravamen of the wrongdoing is either the loss or mishandling of luggage. Although Varig's callous disregard for plaintiffs' plight and willful renunciation of... CHARLES H. COHEN et al., Appellants, v. VARIG AIRLINES (S.A. EMPRESA DE VIACAO AEREA RIO GRANDENSE), Respondent. Appellate Division of the...

...has long recognized a cause of action for mental anguish and emotional distress resulting from the negligent or wrongful mishandling of dead bodies. Lancaster...casket bearing the remains of Feroze Tarar. Each of them has an independent cause of action for the mental anguish and emotional distress caused by the mishandling and delay in the transportation of the...of the Foreign Sovereign Immunities Act of 1976, 28 U.S.C.A. § 1602 et seq., and under 28 U.S.C.A. § 1330...