Vernisha Key v. Stonemor Michigan LLC
354763
| Mich. Ct. App. | Nov 9, 2021Background:
- Desmond Savage Jr., age 20, was murdered; his mother Vernisha Key contracted with a funeral home and StoneMor for burial and paid $1,100; the written interment authorization listed a funeral at 11:00 a.m. and an estimated cemetery arrival of 1:00 p.m., but specified no burial time or special instructions.
- On the burial day the body arrived at the cemetery before 1:00 p.m.; one relative (uncle/great-uncle) arrived shortly thereafter, and after waiting about 15–30 minutes authorized the cemetery employees to inter the body.
- Cemetery employees began lowering and filling the grave; they paused when notified Key and other family were en route; Key arrived about 1:45 p.m. and found the grave filled so she could not see the casket.
- Key and Desmond’s siblings sued for intentional infliction of emotional distress (IIED), wrongful interference with the right of burial, and breach of contract (breach pleaded only by Key). The trial court granted summary disposition for IIED and wrongful-interference claims; it denied summary disposition on breach but dismissed Key’s contract claim for lack of subject-matter jurisdiction after ruling emotional-distress contract damages were unavailable.
- The Court of Appeals affirmed: it held IIED and wrongful-interference claims fail as a matter of law; it concluded emotional-distress damages are recoverable for a burial contract (so circuit court jurisdiction existed) but found no contract breach because burial occurred within a reasonable time under the written contract.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendants’ actions support an IIED claim | Burying the decedent before mourners arrived was extreme/outrageous and caused severe distress | A family member was present and the burial was conducted respectfully, so conduct not extreme | Dismissed: conduct not sufficiently extreme/outrageous to support IIED |
| Whether defendants wrongfully interfered with the right of burial | Early burial deprived family of their right to possession/control of the body | Defendants did not withhold or mutilate the body; burial was authorized and performed | Dismissed: claim requires withholding or mutilation, neither alleged/proved |
| Whether emotional-distress damages are recoverable for breach of the burial contract (jurisdictional amount) | Key: burial contracts are "personal" so emotional-distress damages are recoverable, keeping circuit-court jurisdiction | Trial court: emotional-distress damages unavailable for the contract, so damages limited to $1,100 | Held: emotional-distress damages may be recovered for a burial contract; trial court erred on jurisdictional ruling |
| Whether defendants breached the burial contract (and whether extrinsic evidence may vary written terms) | Key: parties agreed burial would occur later (≈1:30) and oral assurances required waiting for mourners | Defendants: written contract silent on burial time; they acted reasonably and parol evidence cannot alter the written contract | Held: extrinsic evidence cannot vary the integrated written terms; absent a specified time the burial occurred within a reasonable time as a matter of law; no breach |
Key Cases Cited
- Maiden v. Rozwood, 461 Mich 109 (1999) (legal standard for MCR 2.116(C)(8) motions)
- Dalley v. Dykema Gossett, 287 Mich App 296 (2010) (limitations on supporting C(8) motions with documentary evidence)
- Lane v. KinderCare Learning Ctrs., Inc., 231 Mich App 689 (1998) (emotional-distress damages recoverable for personal contracts, including burial contracts)
- Stewart v. Rudner, 349 Mich 459 (1957) (personal contracts concerning life and death may contemplate emotional-distress damages)
- Doxtator v. Chicago & W.M. Ry Co., 120 Mich 596 (1899) (recognition of wrongful interference with burial/right of possession)
- Deeg v. Detroit, 345 Mich 371 (1956) (intentional mutilation or unlawful interference with a dead body gives rise to a cause of action)
- Dampier v. Wayne County, 233 Mich App 714 (1999) (Michigan jurisprudence recognizing tort for interference with right of burial)
- Matter of Prichard’s Estate, 410 Mich 587 (1981) (where contract omits time for performance, law presumes reasonable time)
- Jackson v. Estate of Green, 484 Mich 209 (2009) (reasonableness of time for performance depends on facts; may present question of fact)
- In re Smith Trust, 480 Mich 19 (2008) (use of extrinsic evidence to interpret ambiguous contract terms)
- Klapp v. United Ins. Group Agency, Inc., 468 Mich 459 (2003) (principles of contract interpretation to give effect to every clause)