Case details

Defense: Emotional distress caused by death and not burial

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On the morning of April 5, 2013, plaintiffs Eva Galvez and Victor Higuera attended the funeral services for their young son at All Souls Cemetery & Mausoleum, in Long Beach. Galvez and Higuera previously entered into a contract with All Souls Cemetery on April 1, 2013 to bury their young son, who passed away a few days earlier. Funeral services were subsequently provided four days later. However, Galvez and Higuera claimed there were issues at the cemetery, which caused them emotional distress. Galvez and Higuera sued The Roman Catholic Archbishop of Los Angeles, a corporation sole on behalf of All Souls Cemetery & Mausoleum (which was initially erroneously sued as “All Souls Cemetery & Mausoleum” and “The Archdiocese of Los Angeles”). Galvez and Higuera alleged that the actions of the Roman Catholic Archbishop of Los Angeles constituted a breach of contract and negligent infliction of emotional distress as a result of the breach. The Roman Catholic Archbishop of Los Angeles subsequently filed a third-party claim against the provider of the casket, Funeraria Del Angel. However, the claim settled prior to trial. Plaintiffs’ counsel contended that All Souls Cemetery & Mausoleum failed to bury the decedent with any concrete protection around the casket. In the alternative, counsel contended that the cemetery breached the contract by providing a concrete “bell liner,” instead of a concrete “vault,” to surround the casket for burial of the young son. In addition, counsel contended that the casket provided by Funeraria Del Angel was larger than expected, which caused issues at the burial site. Defense counsel argued that there was no breach of contract or breaches a legal duty to Galvez and Higuera. Specifically, counsel argued that the contract was properly modified when Galvez and Higuera agreed to use a concrete “bell liner” instead of a concrete “vault.”, Galvez and Higuera claimed that they suffered mental anguish and severe emotional distress as a result of the issues at the burial site and with the burial itself. They alleged that as a result, they suffered from nightmares and anxiety. They ultimately had to see doctors for therapy and underwent counseling for months. Thus, Galvez and Higuera sought recovery of medical costs and damages for their emotional pain and suffering. Defense counsel contended that Galvez and Higuera did not suffer any emotional distress as a result of anything that may or may not have occurred at the burial site. Instead, the defense’s psychology expert opined that all of the emotional distress suffered by Galvez and Higuera was caused by the loss of their son, who died a few days before the burial, and not the alleged incident at the cemetery.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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