Brown v. Bayview Crematory, LLC
945 N.E.2d 990
Mass. App. Ct.2011Background
- Bayview Crematory retained for Greta Brown cremation; ashes mislabeled with another woman’s name on the cremation certificate.
- Plaintiffs opened the box/urn, discovered mislabeling, and suspected they did not receive Greta’s ashes.
- Action filed March 24, 2004 in Superior Court alleging contract breach, negligence, and emotional distress.
- Case transferred to Dorchester Division, Boston Municipal Court; trial held May 29–30, 2007 before six jurors.
- Jury awarded Kimmy $250 on contract and $100,000 each for negligence to Kimmy and Joy; no damages for emotional distress despite finding of distress.
- Bayview contesting (a) jury-trial validity under evolving statute and (b) verdicts and damages; Floyd Williams dismissed prior to appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a jury trial was proper in the Boston Municipal Court under the statute changes. | Kimmy; waiver due to participation. | Bayview; statutory limits/procedure were not satisfied. | No jurisdictional bar; waiver by participation; trial proper. |
| Whether the verdicts were supported and JNOV/weight of evidence issues were proper. | Plaintiffs sustained negligence and emotional distress damages. | Defendant contends insufficient basis for emotional distress damages. | Judgment not improper; evidence supported emotional distress damages. |
| Whether damages for emotional distress without physical manifestation were permissible in this context. | Emotional distress recoverable from negligent handling of remains. | No physical symptoms required? or too remote? | Recovery allowed; emotional distress proven by plaintiffs’ testimony and context. |
Key Cases Cited
- Sperounes v. Farese, 449 Mass. 800 (Mass. 2007) (statutory requirement is procedural, waivable if not timely objected to)
- Poirier v. Plymouth, 374 Mass. 206 (Mass. 1978) (test for JNOV: any evidence could yield verdict for nonmoving party)
- Goldberg v. Northeastern Univ., 60 Mass. App. Ct. 707 (Mass. App. Ct. 2004) (standard for JNOV; favorable view of evidence for nonmovant)
- Sullivan v. Boston Gas Co., 414 Mass. 129 (Mass. 1993) (emotional distress available with objective evidence of harm)
- Kelly v. Brigham & Women’s Hosp., 51 Mass. App. Ct. 297 (Mass. App. Ct. 2001) (recovery for injury to feelings in cases involving deceased remains)