Legal Question in Consumer Law in Virginia

Deceased Body Relocation

I am asking for a friend at work. Recently his newborn son passed away and was buried. A few months later the cemetary informed my friend, Ed, that they had buried the baby in the wrong location. They have now moved the body. This has caused a great amount of stress and heartache for Ed and his wife. Is there any legal recourse they can take against the cemetary?


Asked on 5/11/05, 8:54 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Deceased Body Relocation

What would be your friends' cause of action against the cemetery: negligent infliction of emotional distress? Without many more facts and other relevant background information, it would, I would surmise, be difficult to say.

Then there's also the issue of provable damages. I have no doubt that your friends suffered some distress as a result of this misburial, to coin a phrase. However, how much that could be realistically translated into provable, recoverable damages within the context of the relevant law and facts presented in an actual court case, is quite another matter to consider. Some folks take a case to trial without having adequately considered this aspect of the case. They end up winning their case and the jury awards them $1 in damages.

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Answered on 5/12/05, 4:55 am
Jonathon Moseley Jonathon A. Moseley

Re: Deceased Body Relocation

Probably not, especially in Virginia which imagines itself to be more business-oriented and avoids emotional claims. To get damages for emotional distress, there must also be physical injury as well in Virginia.

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Answered on 5/12/05, 6:03 am


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