...omitted). We now turn to the legal sufficiency of the claims in Weiley's complaint. Tortious Interference with a Dead Body Against Hospital Weiley argues that the trial court erred by concluding that he failed to assert sufficient facts to support his cause of action against Hospital for interference with a dead body. We agree. Our Supreme Court officially recognized and applied the common law tort of...killed another youth with a car, hid the body, and later buried it in a shallow grave with the assistance of his friend, where it was discovered two months later. The victim's parents asserted the tort of interference with a dead body...of a deceased relative has never before been presented to an appellate court in this Commonwealth.” Id. at 120. The Papieves Court adopted the definition of the tort of intentional interference with a dead body...

.... TORTIOUS INTERFERENCE WITH A DEAD BODY This theory must fail simply because the appellees did not interfere with a dead body. An invariable component of the tort is...Linda Williams; however, I disagree that the tort of interference with a dead body is not applicable to the facts of the present case. In so doing, I recognize there are no cases finding the exhibition of...recover, in such cases, is especially appropriate to tortious interference with rights involving dead human bodies, where mental anguish to the surviving relatives is not only the natural and probable consequence of the character of wrong committed, but indeed is frequently the only injurious consequence to follow from it. Id. at 189. Appellees contend the tort of interference with a dead body has...

.... {¶ 41} The definition of the tort of "Interference With Dead Bodies" is found in 4 Restatement of the Law 2d, Torts (1979) 274, Section 868, and reads: {¶ 42} "One who intentionally, recklessly or negligently removes, withholds, mutilates or operates upon a body of...court recognized the tort of interference with the burial of a dead body, also called the right of sepulcher, and allowed damages for the emotional distress suffered by a daughter as the result of the...874, ¶ 24. {¶ 45} In this case of first impression, the trial judge acknowledged the existence of the tort of interference with a dead body or mishandling of a dead body, but declined to extend the meaning of "body" or "person" to include "fetal tissue." The judge then found that in order for the next of kin to bring a claim premised upon the tort of interference with a...

..., this court has recognized a common law action for tortious interference with a dead body. See Wright v. Beardsley, 46 Wash. 16, 20, 89 P. 172 (1907); Gadbury v. Bleitz, 133 Wash. 134, 136, 233 P. 299 (1925). We recently affirmed the viability of the tort in...for violation of UAGA in light of good faith immunity). ¶33 The tort of interference with a dead body allows recovery for mental suffering derived from the willful misuse...abnormality in the brain and gave it to SMRI for its own private research. These facts clearly support an action for mental suffering based on the alleged misuse of a body. ¶39 We hold that Adams has raised an actionable claim for tortious interference with a dead body. Of course, Adams still must prove the elements of this tort at...

...). We now turn to the legal sufficiency of the claims in Weiley's complaint. Tortious Interference with a Dead Body Against Hospital Weiley argues that the trial court erred by concluding that he failed to assert sufficient facts to support his cause of action against Hospital for interference with a dead body. We agree. Our Supreme Court officially recognized and applied the common law tort of...a youth who hit and killed another youth with a car, hid the body, and later buried it in a shallow grave with the assistance of his friend, where it was discovered two months later. The victim's parents asserted the tort of interference with a dead body...resulting from the mishandling of the body of a deceased relative has never before been presented to an appellate court in this Commonwealth." Id. at 120. The Papieves Court adopted the definition of the tort of intentional interference with a dead body...

...interference caused her to suffer emotional damage. ¶ 26 “The tort of interference with a dead body allows recovery for mental suffering derived from the willful misuse of a body...member's corpse, (2) tortious interference with a dead body, and (3) negligence. Mr. Phillips moved for summary judgment dismissal of all claims...trial court erred in dismissing her claim for tortious interference with a dead body because a material issue of fact exists as to whether Mr. Phillips's acts were intentional. She maintains that Mr...

...' claim of outrage. 2. Willful interference with cremated remains Kansas recognizes the tort of interference with a dead body. Recovery on a...claim of intentional interference with a dead body requires proof of intentional or malicious conduct. See Burgess, 239 Kan. at 479–80, 721 P.2d 239;Ely, 30 Kan.App.2d at 1283–85, 58 P.3d 116. In granting summary judgment on plaintiffs' claim of intentional interference with Edwin Jr.'s remains, the district court found that the tort of...., and (5) whether Newcomer genuinely believed a theft had occurred. It does not appear that the question of whether the tort of intentional interference with a dead body should include...

...emotional distress. Accordingly, the district court properly granted summary judgment on plaintiffs' claim of outrage. 2. Willful interference with cremated remains Kansas recognizes the tort of interference with a dead body. Recovery...on a claim of intentional interference with a dead body requires proof of intentional or malicious conduct. See Burgess, 239 Kan. at 479–80, 721 P.2d 239;Ely, 30 Kan.App.2d at 1283–85, 58 P.3d 116. In granting summary judgment on plaintiffs' claim of intentional interference with Edwin Jr.'s remains, the district court found that the tort of.... It does not appear that the question of whether the tort of intentional interference with a dead body should include cremated remains has been decided in Kansas or in other...

...brother, had standing to sue for tortious interference. In my view, he does not. Washington common law has recognized tortious interference with a dead body for over 100 years, allowing recovery for mental suffering that stems from the willful misuse of a body. Adams v. King County, 164 Wn.2d 640, 658, 192 P.3d 891 (2008). The tort consists...a quasi-property interest in a decedent's body as well as an interest in its proper treatment. Herzl, 142 Wash. at 472; Amaker v. King County, 540 F.3d 1012, 1016 (9th Cir. 2008). Wright first articulated the tort of interference with a dead body...emotional distress plaintiffs are restricted to those who were present at the scene of an accident). I therefore agree that the term is ill suited for application in the intentional tort of interference with a dead body. Majority...

...LaLoup's body does not suggest intentional mishandling.” Id. The LaLoups respond that Pennsylvania's mens rea requirement for the mishandling of a body is wantonness, and that there is sufficient evidence that the federal defendants acted wantonly to allow plaintiffs to state a claim. The Pennsylvania Supreme Court first recognized the tort of interference with a dead body...negligent interference with a body, and we are currently restricted to the Papieves Court's limitation of this tort to wanton or intentional conduct in accordance with the First Restatement of...of interference with a dead body.” Weiley, 51 A.3d at 210. Instead, the “peculiarly calculated” prong requires that the “intentional or...

...negligent. But Kansas did not follow the Restatement rule allowing for recovery due to negligent interference with a dead body. The Burgess court ruled that, in Kansas, the tort of emotional...urn. The Dana court cited Burgess and Ely when it stated: "Kansas recognizes the tort of interference with a dead body." 48...may have been more precise for the Dana court to refer to the tort recognized in Kansas as emotional distress from intentional interference with a dead body. This label distinguishes the tort recognized in Kansas from the unrecognized Restatement tort in two ways. First, the Kansas tort requires intentional interference while the Restatement allows recovery for merely negligent interference with the dead body. Second, the Kansas tort requires emotional distress as an element. The Restatement (Second) of Torts...

...cause of action of outrage, and (2) the cause of action of negligent infliction of emotional distress for interference with a dead body is not recognized in this jurisdiction. 2. SAME — Tort of Outrage.... The tort of outrage is discussed. 3. SAME — Emotional Distress for Interference with a Dead Body — When Actionable. For an individual to be liable.... Perdue had not actually performed the autopsy, he was not responsible for causing the mother's emotional distress. The Restatement (Second) of Torts § 868 recognizes a tort for interference with dead bodies: "One who intentionally, recklessly or negligently removes, withholds, mutilates or operates upon the body of a...

...recognizes the tort of interference with a dead body under the prescription offered by the First Restatement of Torts. See Papieves v...negligent interference with a body, and we are currently restricted to the Papieves Court's limitation of this tort to wanton or intentional conduct in accordance with the First Restatement of.... Lawrence, 263 A.2d 118 (Pa. 1970). Under Papieves, "one who wantonly mistreats or, acting without privilege, intentionally withholds the body of a decedent is liable in tort to the member of the...

...3 (1976). Plaintiff claims that as next of kin she has an inherent, fundamental right to bury her decedent's body without mutilation. While there is no property right in the next of kin to a dead body, Deeg v Detroit, 345 Mich. 371,375; 76 N.W.2d 16 (1956), Michigan jurisprudence recognizes a common law cause of action on behalf of the person or persons entitled to the possession, control, or burial of a dead body for the tort of interference with the.... The privacy right encompasses the right to make decisions concerning the integrity of one's body. Roe v Wade, supra. This right is, however, a personal one. It ends with the death of the person...den 413 Mich. 882 (1982). A party opposing the motion for summary judgment has the burden to come forward with some evidentiary proof that a genuine issue of fact does exist. If...

...Carnival has moved to dismiss only Count VII, for tortious interference with a dead body, and Count VIII, for the tort of outrage. (Def.'s Mot., ECF No. 26.) The Plaintiff has responded (ECF No. 30) and...fully nude body" - is the basis for the tortious interference with a dead body claim. In Count VIII, the Plaintiff seeks recovery for Carnival allegedly committing the tort of outrage...("DOHSA"), 46 U.S.C. § 761, applies to a claim for tortious interference with a dead body and for the tort of outrage when both claims arise from a death that occurred on the high seas. To put a finer...

...discovery has uncovered "important evidence" that would support the addition of a claim for "Tortious Interference with a Dead Body" and a claim for the "Tort of Outrage." (ECF No. 18 at 2.) The Defendants...amended complaint would be futile because its two new claims - "tortious interference with a dead body" and the "tort of outrage" - are merely subcategories of IIED, which the Defendants claim is...authorities, the Court grants the motion (ECF No. 18). In accordance with Federal Rule of Civil Procedure 15(a)(2), a party...

...note 7 supra, explains that the tort of interference with the body of a dead person does not fit well into the category of interference with a property right, and is in reality a cause of action...dead body but in the personal right of the family of the deceased to bury the body. The mutilating or disturbing of the corpse is held to be an interference with this right and an actionable wrong...intentionally, recklessly or negligently removes, withholds, mutilates or operates upon the body of a dead person or prevents its proper interment or cremation is subject to liability to a member of...

...defendants contend that the plaintiffs' motion to amend the complaint to add claims alleging intentional and negligent interference with a dead body is futile and should be denied because (1) the tort is limited to cases involving wrongful autopsies or internments; and (2) the plaintiffs cannot establish that Swanson had a duty to take affirmative action to move Rubianogroot's body to the side of the...encompassed by the tort of interference with a corpse because that tort is limited to wrongful autopsy or improper burial claims. Although the Court in Kelley held that a newspaper did not interfere with the plaintiffs' right to possession when it published pictures of their daughter's dead body, nothing.... The Appeals Court recently hel that the tort of interference with a corpse seeks to remedy the detrimental effect that mutilation of the decedent's body has on the...

...defendants contend that the plaintiffs' motion to amend the complaint to add claims alleging intentional and negligent interference with a dead body is futile and should be denied because (1) the tort is limited to cases involving wrongful autopsies or internments; and (2) the plaintiffs cannot establish that Swanson had a duty to take affirmative action to move Rubianogroot's body to the side of the...that the alleged facts are not encompassed by the tort of interference with a corpse because that tort is limited to wrongful autopsy or improper burial claims. Although the Court in Kelley held that a newspaper did not interfere with the plaintiffs' right to possession when it published pictures of their daughter's dead body, nothing...concludes that this tort principle may be applied to a claim of tortious interference with a dead body. If Swanson's negligent conduct had only caused such bodily harm as to make Rubianogroot lie unconscious...

...plaintiff could pursue a common law tort cause of action for tortious interference with a dead body to the extent she deems appopriate. Kirksey v. Jernigan...medical examiner called her, without a viewing, and did not comply with her husband's wishes to keep locks of his hair for herself and their children. Plaintiff also brings a tort claim under Florida law..., 778 So.2d 978, 988 (Fla. 2001), the Florida Supreme Court recognized a "legitimate claim of entitlement" that the next of kin have in their dead relatives' bodies. However, coupled with the...