Clay v. Schriver Allison Courtley Co.
118 N.E.3d 1027
Ohio Ct. App.2018Background
- Rose White (decedent) died July 24, 2008; her daughters (Appellants) contracted with Shriver funeral home for funeral services; transportation of the body was provided by Funeral Home Services Corp. (FHS) via a driver Lozano.
- Appellants allege a sequence of disrespectful, unprofessional, and negligent acts: alleged improper transport, rushed/insensitive arrangement meetings, poor embalming/presentation at viewing, abrupt handling at service and cemetery, and later exhumation revealing a damaged, water-filled casket and degraded remains.
- Appellants sued for intentional infliction of emotional distress (IIED) and breach of contract (plus other claims). Some claims (negligent infliction of emotional distress; breach of oral contract against FHS) were not appealed here.
- Trial court granted summary judgment to FHS and Shriver on IIED and granted summary judgment to Shriver on breach of contract; Appellants sought to amend to add a fraud claim based on the casket but the motion was overruled.
- The Seventh District Court of Appeals affirmed summary judgment as to IIED against both defendants and as to the contract provision that had been obliterated, but reversed in part and remanded for trial on the remaining breach of contract claim against Shriver; it also affirmed denial of leave to amend to add fraud.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FHS liable for IIED based on driver Lozano's conduct (transport, van, speed, refusal to allow viewing) | Lozano's conduct was extreme, intentional/reckless and proximately caused severe emotional distress | Lozano was an independent contractor or, even if employee, conduct was rude/thoughtless but not extreme; plaintiffs cannot show causation or sufficiently severe distress tied to FHS alone | Affirmed: summary judgment for FHS on IIED (no extreme/outrageous conduct or causation/severity proved) |
| Whether Shriver liable for IIED based on funeral-home employees' conduct (rushed arrangements, poor presentation, rude comments, abrupt service) | Conduct was atrocious and beyond decency; caused severe, debilitating emotional harm (PTSD, depression) | Behavior was unprofessional/rude but not legally extreme/outrageous; plaintiffs’ distress not shown to be severe/debilitating or solely caused by Shriver | Affirmed: summary judgment for Shriver on IIED (conduct not sufficiently extreme or causally shown to produce "serious" distress) |
| Whether breach of contract claim against Shriver is time-barred or sounds in tort (R.C. 2305.10) | Breach-of-contract claim is distinct from negligence; contract for funeral services can foreseeably cause emotional harm and is governed by contract limitations | The essence of the claim is injury to person/property (post‑mortem harm), so the two-year tort statute applies and bars suit | Reversed in part: appellate court held Estate’s breach claim (loss of benefit of bargain) is contractual (not barred); remanded for trial on breach claim (except obliterated handwritten payment clause) |
| Whether motion to amend to add fraud claim (casket substitution/lining color) should have been allowed | Plaintiffs sought leave to add fraud based on post-exhumation evidence (alleged substitution of casket) | Fraud not pleaded with Civ.R.9(B) particularity; amendment was untimely, based on evidence long in plaintiffs’ possession; no factual dispute contradicting defendants’ affidavits | Affirmed: trial court did not abuse discretion in denying leave to amend; fraud claim not pleaded with required particularity and amendment prejudicial/unduly delayed |
Key Cases Cited
- Yeager v. Local Union 20, 6 Ohio St.3d 369 (Ohio 1983) (standard for "extreme and outrageous" conduct in IIED claims)
- Paugh v. Hanks, 6 Ohio St.3d 72 (Ohio 1983) (definition and proof requirements for "serious" emotional distress)
- Schultz v. Barberton Glass Co., 4 Ohio St.3d 131 (Ohio 1983) (expert evidence helpful to prove emotional-distress claims)
- Kishmarton v. William Bailey Constr., Inc., 93 Ohio St.3d 226 (Ohio 2001) (emotional damages may be recoverable for breach of certain contracts, including funeral/disposition contracts)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (summary-judgment burdens: movant must show absence of genuine issue; nonmovant must produce specific facts)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (Ohio 1977) (summary judgment standard)
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (Ohio 1996) (de novo appellate review of summary judgment)