Another silly lawsuit...over a funeral

[Nanuk]

So everyone in the family is now suing, and trying to sue as many plaintiffs with money as they can identify? Come on... I can see giving them back the money spent of the actual funeral, but beyond that...They need to just build a bridge and get over it. Stuff happens.

http://www.foxnews.com/story/0,2933,577286,00.html


PHOENIX — A suburban Phoenix family is suing after their father's body slipped from a shattered casket when it was dropped into a grave during a burial ceremony.
Lawsuits filed by the wife, children and two dozen family members of 50-year-old Robert Gowdy Sr. claim a strap on a casket-lowering device snapped as family was gathered around a grave last year, dropping Gowdy's coffin and breaking it open.
The lawsuit against the city of Mesa and its workers, the funeral home, casket company and device-maker says Gowdy's body had to be pulled from the grave by two family members after cemetery workers ran away.
A city lawyer blamed the casket's sharp edges for breaking the strap. A call seeking comment from the funeral director wasn't immediately returned on Friday.

[Jeremy]

If the cemetery workers ran away I'd be pi**ed too.

Which makes it odd. Why run away if it was an accident?

[Nanuk]

If the cemetery workers ran away I'd be pi**ed too.

Which makes it odd. Why run away if it was an accident?

Perhaps the family members became hostile? We're only getting one side of the story here.

[Jeremy]

Perhaps the family members became hostile? We're only getting one side of the story here.


You're right there. Have to wait and see what comes out of it.

But...

If your Loved one was in that casket you'd be highly upset. But the lawsuit is kinda overboard.

[Nanuk]

Upset? Of course I'd be upset.

But to try to turn it into a lotto-style payout...there's no real call for that.

[LFE]

This is one of those cases that you hope the judge just throws out... noting that the funeral home should have insurance that would cover all the expenses associated with clean up and a new servic. The family should then have to pay for all the cost to the court for hearing the case.

[Kensey]

Multi-party suits in cases like this give me pause. One of the following is true:

* The strap broke because it was invisibly defective in a way the maker is responsible for -- sue the maker of the strap
* The strap broke because it was defective or worn in a visible way -- sue the worker who used it anyway
* The strap broke because of the casket slicing it -- sue the worker who put it on in a way that it would be sliced into
* The strap broke because of a freak accident -- sue nobody, because nobody could have foreseen it.

Of course the reason everybody gets sued is twofold -- it's easier to sue everyone in sight as co-defendants and let the ones with no culpability out when the cause is determined, and there's a cadre of bottom-feeding lawyers out there who really do love to go for the deepest pockets they can find.

I'm betting the deep pockets here are the casket-maker's, but the real responsible party is one guy in the city's employ who used the load strap incorrectly.

The whole thing sounds like a weird setup anyway. At my grandfather's funeral a few years ago, I served as a pallbearer and we placed the casket on a sort of scaffolding over the grave for the graveside service. I don't think it was lowered in till after we had left.

[WbyGodWV]

I kinda wondered what the fam was still doing there to see the casket lowered. All the funerals I've been to have the scaffolding type set up and the mourners are led away with the casket still above ground.

That's not to say the fam didn't decide to stay around for the lowering. I guess some may.

[Jeremy]

I kinda wondered what the fam was still doing there to see the casket lowered. All the funerals I've been to have the scaffolding type set up and the mourners are led away with the casket still above ground.

That's not to say the fam didn't decide to stay around for the lowering. I guess some may.


I'm the same way. I've never seen the family stay for the lowering. Maybe they need to for now on just incase this might happen to them. Who knows how many times this has happened.

[Nanuk]

Fine--so comp them on this funeral, and give them a coupon for a free funeral in the future, then call it a day.

[Tony]

Of course, there's another possible cause, as painful as it is to mention. Knowing they were staying for the lowering, anyone in the funeral party could have weakened the strap. Possibly just as a prank. I can easily see several of my relatives thinking it would be a hilarious thing to do at their own funerals - "jump out of the box" so to speak.

I wonder what sort of investigation may have taken place immediately after the event? Were authorities called to secure the scene and send the strap to the crime lab? I dunno, who would think to call 911 at a time like that?

[Chutney Daftcraft]

I think they should also sue the state of Arizona since it happened there.

[STR1KER]

In my belief that "everything happens for a reason", accidents happen. Yah, it's unfortunate, however, I also come away after reading this as, Dad just wanted to say, "See ya!" one last time.
To some this might seem cold or harsh, but strange things do happen... It is only one side of the story, nor do we know what kinda guy he was in this life. Did he always have to have the last word? Was he a prankster? We'll never know. Just something to ponder in your spare time...
Regardless, I don't think it's right for people to go all sue crazy. I like Nanner's idea of compin' this one, and the next one's free.

[AAT53]

I don't understand why the family felt the body had to be pulled from the grave. Were they planning to do CPR???

I'm sure it was a shock when it happened, but I'm surprised there wasn't at least one calm head that prevailed. Had that happened at a funeral for a family member of mine I am very sure I would not have allowed anyone to pull the body out. If the "staff" took off I would pull out my cell phone and call 911. I would figure that we needed someone there who wasn't so emotional and who could figure out what needed to get done and who to get in touch with to make it get done (meaning that the police could contact the funeral home, etc).

Knowing my family, most would probably think like Str1ker...that it was a final "goodbye" or something like that. However, I also wouldn't be surprised if one or two of them talked about suing.

[ministerswife]

I think they should also sue the state of Arizona since it happened there.


I'm with you. :coffee3:

[Zeke]

They're putting a box into a fairly tight hole. I can see how it would drop to the bottom possibly split/crack but for the body to be out far enough to grab it and drag it out of the hole? hmmmm
My family has 1 person stay behind at the cemetery. We also have 1 person stay at the home of the person that passed.

[derricksonb]

If the body fell out of the casket and ended up in the hole where it was going to be buried in the first place then why drag the body back out of the grave? Why not toss some dirt on the body and chalk it up as a successful burial and a lesson learned.

[Zeke]

If the body fell out of the casket and ended up in the hole where it was going to be buried in the first place then why drag the body back out of the grave? Why not toss some dirt on the body and chalk it up as a successful burial and a lesson learned.
Guess I need to add that to my will.

[Kensey]

If the body fell out of the casket and ended up in the hole where it was going to be buried in the first place then why drag the body back out of the grave? Why not toss some dirt on the body and chalk it up as a successful burial and a lesson learned.

I believe most places have regulations requiring burial in a casket, to protect groundwater. That's really the responsibility of the interment crew, but I do understand the family not wanting their loved one's body left exposed in an open grave.