Rosanna S. Crum v. Chafin Funeral Home
15-1214
| W. Va. | Oct 28, 2016Background
- Walter Eugene Crum, the Mingo County Sheriff, died in the line of duty on April 3, 2013; an elaborate funeral was planned and performed by Chafin Funeral Home.
- Several public officials allegedly told petitioner Rosanna Crum they would pay funeral/burial costs, but those third parties did not remit payment.
- Petitioner signed a written “Statement of Funeral Goods and Services Selected” with itemized charges and a promissory clause; she ultimately paid the funeral home and bought the headstone after payment was required.
- Petitioner sued Chafin Funeral Home and several individuals asserting breach of contract, negligence, detrimental reliance, tortious interference, and claims for emotional and punitive damages; multiple defendants moved to dismiss.
- The circuit court dismissed claims against the funeral home and the individual defendants, concluding the signed Statement constituted a valid written contract with Chafin, petitioner failed to state negligence or tortious-interference claims, and promises by commissioners were unenforceable gifts (statute of frauds/consideration problems).
- The West Virginia Supreme Court affirmed the dismissals in a memorandum decision, finding no error in the circuit court’s rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence/enforceability of contract with funeral home | Petitioner: no contract because funeral home knew third parties would pay and arranged an elaborate service beyond her consent or means | Chafin: petitioner signed the written Statement agreeing to pay; services were performed and paid for | Held: Statement is a valid written contract; petitioner does not dispute signing or performance, so contract claim fails |
| Negligence by funeral home | Petitioner: funeral home assumed duty by arranging an expensive funeral and should be liable for costs exceeding what she would have chosen | Chafin: no duty to investigate petitioner’s ability to pay; petitioner signed agreement and admitted payment | Held: No actionable negligence; petitioner failed to plead duty/breach causation distinct from contractual obligations |
| Tortious interference with alleged contracts between petitioner and third parties | Petitioner: third-party promises to pay created a contractual expectancy; funeral home’s actions interfered | Chafin: no enforceable contract existed between petitioner and third parties; thus no interference possible | Held: Dismissed—petitioner cannot show existence of contract/expectancy, so tortious-interference fails |
| Enforceability of oral promises by public officials (commissioners) | Petitioner: commissioners orally promised to pay funeral costs | Defendants: promises were unenforceable gifts, not reduced to writing, lacked consideration; statute of frauds concerns | Held: Promises treated as unenforceable gifts; no contract or unjust enrichment; claims against commissioners dismissed |
Key Cases Cited
- State ex rel. McGraw v. Scott Runyan Pontiac-Buick, Inc., 194 W.Va. 770, 461 S.E.2d 516 (standard of review on motion to dismiss)
- Chapman v. Kane Transfer Co., Inc., 160 W.Va. 530, 236 S.E.2d 207 (motion-to-dismiss standard; pleading sufficiency)
- Virginian Export Coal Co. v. Rowland Land Co., 100 W.Va. 559, 131 S.E. 253 (elements of contract formation)
- Dan Ryan Builders, Inc. v. Nelson, 230 W.Va. 281, 737 S.E.2d 550 (contract fundamentals)
- State ex rel. AMFM, LLC v. King, 230 W.Va. 471, 740 S.E.2d 66 (contract element discussion)
- Strahin v. Cleavenger, 216 W.Va. 175, 603 S.E.2d 197 (negligence/tort basics)
- Carter v. Monsanto Co., 212 W.Va. 732, 575 S.E.2d 342 (elements required for tort recovery)
- Torbett v. Wheeling Dollar Sav. & Trust Co., 173 W.Va. 210, 314 S.E.2d 166 (prima facie proof of tortious interference)
- Sewell v. Gregory, 179 W.Va. 585, 371 S.E.2d 82 (negligence standard)