29 F. Supp. 3d 530
E.D. Pa.2014Background
- LaLoups sue the United States, DoD, Navy, Greece, and Evangelismos Hospital for mishandling of Sgt. LaLoup's body and for emotional distress.
- Motions to dismiss are brought under Rule 12(b)(1); focus is FTCA jurisdiction and FSIA sovereign immunity.
- Sgt. LaLoup died in Greece; body later autopsied in Greece and at Dover AFB; heart removal is alleged.
- Plaintiffs allege concealment of missing heart and subsequent misrepresentations to family.
- Court applies Pennsylvania law under FTCA/state-law framework and analyzes FSIA expropriation exception for Greece.
- Judgment: counts against US (I–II) dismissed; Count III survives against the US; claims against Greece and Evangelismos are dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FTCA jurisdiction for overseas mishandling claims | LaLoups allege Pennsylvania-like torts apply and FTCA waives immunity. | FTCA bars overseas conduct; no private party liability; MSJ appropriate. | FTCA jurisdiction is limited; overseas acts not within FTCA, but certain Pennsylvania-like claims analyzed under state law. |
| Misrepresentation exception and IIE claim | Exception does not bar IIE claim because conduct is not purely commercial misrepresentation. | Misrepresentation exception precludes IIE claims involving concealment/omission. | Court may not need to resolve scope of exception; IIE claim survives the misrepresentation argument at this stage. |
| Intentional Infliction of Emotional Distress viability | Conduct regarding concealment of missing heart could be outrageous. | Conduct not extreme or outrageous; not within closely controlled Pennsylvania standard. | Claims for IIE distress against US are dismissed. |
| Negligent Infliction of Emotional Distress viability | Causation via duty owed by CACOs with life/death context; potential duty exists. | No clear preexisting relationship or duty; uncertain facts. | NIED claim survives at pleading stage; dismissal not warranted at this juncture. |
| FSIA expropriation exception applicability to Greece | Heart taken in violation of international law; property right exists; not purely economic. | Expropriation exception requires economic injury or commercial activity; acts alleged are sovereign, not commercial. | Expropriation exception not satisfied; FSIA deprives court of jurisdiction over Greece and hospital. |
Key Cases Cited
- Papieves v. Lawrence, 437 Pa. 373, 263 A.2d 118 (Pa. 1970) (recognizes wrongs in mishandling of a dead body and emotional distress)
- Weiley v. Albert Einstein Medical Center, 51 A.3d 202 (Pa. Super. Ct. 2012) (limits mental-state scope for tort with dead body; discusses wanton conduct)
- Hackett v. United Airlines, 528 A.2d 971 (Pa. Super. Ct. 1987) (addressing whether conduct constitutes wanton/disturbing actions)
- Toney v. Chester County Hosp., 614 Pa. 98, 36 A.3d 83 (Pa. 2011) (recognizes negligent/inferential emotional distress in life/death relationships)
- Hoy v. Angelone, 554 Pa. 134, 720 A.2d 745 (Pa. 1998) (outlines outrageousness standard for IIED)
- First Nat. City Bank v. Banco Para El Comercio Exterior de Cuba, 462 U.S. 611, 103 S. Ct. 2591 (U.S. 1983) (FSIA framework; application of state-law rules to foreign states)
- Altmann v. Republic of Austria, 317 F.3d 954 (9th Cir. 2002) (expropriation exception; substantial/non-frivolous claim sufficient at jurisdictional stage)
- Siderman de Blake v. Republic of Argentina, 965 F.2d 699 (9th Cir. 1992) (restatement and FSIA discussion on takings and economic injury)
- Weltover, Inc. v. Republic of Argentina, 504 U.S. 607 (S. Ct. 1992) (FSIA commercial activity; private-like governmental actions)
- Cassirer v. Kingdom of Spain, 616 F.3d 1019 (9th Cir. 2010) ( Restatement Third involvement in takings and international law context)