Legal Question in Civil Litigation in Virginia

Negligence, breach of contract

My dad passed away in VA April 07. His body was prepared and flown by Delta out of NC to Atlanta GA. Upon arrival the funeral home here in GA found his body had purged and was a total disaster. The casket also was slightly damaged. My mom in VA is having a difficult time finding anyone to represent this case. We have grusome pictures and letters etc from the funeral home detailing what they saw and what they had to do. We believe with all our heart Delta is at fault. My mom is having a hard time moving on with this constantly on her mind and no one taking responsibility. Any suggestions or help would be appreciated. Where can she turn? What can be done?

Asked on 10/15/07, 2:15 pm

3 Answers from Attorneys


Re: Negligence, breach of contract

This is obviously a very difficult situation for you. It is impossible to answer your question based on the information that you provided. Your mother should continue to consult attorneys; however, I suggest that neither of you post the details of your case on a non-confidential forum, such as this one. Your mother might have better luck finding an attorney that is willing to take the case in Georgia, as opposed to Virginia.

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Answered on 10/15/07, 3:22 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Negligence, breach of contract

There is nothing inherently wrong with you posting your question, so that knowledgeable lawyers can respond with general information. That is the purpose of the forum. The missing information from your post is specifically what you are looking for as far as result, or what responses you have received from Delta. Although there are obviously emotions involved, cases come down to money. Lawyers are less likely to take a case (or advice the filing of a case) where monetary damages (ie, damage to casket, additional funeral prep expenses) are relatively small. There is also some natural risk associated with shipping. You will have to decide if going for a significant amount of money, and perhaps spending several months or longer in a case, will change the emotional aspects. Beyond that, keep talking to lawyers who have such experience in similar negligence matters.

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Answered on 10/15/07, 4:32 pm
David Glass Law Offices of David H. Glass, LLC

Re: Negligence, breach of contract

You may have a claim for mishandling of a corpse. It is a quasi-property right claim. A colleague of mine has handled this type of case in the past. You can reach him at 404.962.4475 (Law offices of Kendall Carter).

Best of luck,

David H. Glass

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Answered on 10/15/07, 4:55 pm

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