Rondal Akers v. Prime Succession of Tennessee, Inc., 2012 Tenn. LEXIS 644

Parents sued crematorium operator over mishandling of their deceased son's body; cremains box contained human remains; extensive evidence of mis cremation and commingling; trial jury found intentional infliction of emotional distress and then JNOV dismissed TCPA and bailment claims; Court of Appeals affirmed; Tennessee Supreme Court affirmed in part and denied in part, addressing four issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether JNOV/new trial denied for IIED was proper	Akers argued recklessness; proper jury issues existed	Marsh argued no recklessness proof; insufficient evidence	Affirmed IIED verdict; sufficient evidence of reckless conduct
Whether negative inference from Fifth Amendment invoked in deposition was proper	Akers contends inference supported by independent evidence	Marsh contends lack of corroboration for inference	Affirmed allowing negative inference with corroborating evidence present
Whether TCPA claim properly dismissed	Akers claim under TCPA for emotional distress	TCPA requires ascertainable pecuniary loss	Affirmed dismissal; no TCPA for purely emotional distress absent pecuniary loss
Whether bailment claim properly dismissed	Akers alleged constructive/involuntary bailment	Body not personal property; no bailment	Affirmed dismissal; corpse not personalty; no bailment

Doe 1 ex rel. Doe 1 v. Roman Catholic Diocese of Nashville, 154 S.W.3d 22 (Tenn. 2005) (clarifies recklessness can support IIED and about Fifth Amendment in civil cases)
Rogers v. Louisville Land Co., 367 S.W.3d 196 (Tenn. 2012) (reaffirms elements of IIED and recklessness standard)
Lourcey v. Estate of Scarlett, 146 S.W.3d 48 (Tenn. 2004) (intentional or reckless conduct requirement for IIED)
Leach v. Taylor, 124 S.W.3d 87 (Tenn. 2004) (confirms recklessness or intent standard for IIED)
Baxter v. Palmigiano, 425 U.S. 308 (U.S. 1976) (permits adverse inferences from invoking Fifth Amendment under proper circumstances)