Weiley v. Albert Einstein Medical Center
51 A.3d 202
| Pa. Super. Ct. | 2012Background
- Weiley filed a complaint on Oct. 22, 2010 alleging mishandling of his father’s body by Hospital, School, John Doe, and Funeral Home after his father’s January 2009 death.
- Hospital treated decedent for myocardial infarction from Jan. 12–23, 2009; Weiley was a next-of-kin and signed a DNR on Jan. 17, 2009.
- Hospital allegedly asked about organ donation over Weiley’s objections and did not notify Weiley before transferring the body to School for holding.
- Body transfer to School occurred after a January 27, 2009 call; Weiley and family did not consent and could not locate the body at School.
- Dissection and post-mortem procedures were performed before Weiley could identify or retrieve the body on Jan. 29, 2009, causing claimed emotional distress.
- Trial court sustained all preliminary objections; the issue on appeal is whether the complaint states actionable claims for interference with a dead body, IIED, NIED, and punitive damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Interference with a dead body by Hospital | Weiley pled sufficient facts to show intent/wanton conduct. | Hospital lacked proper intent or privilege; transfer was authorized. | Reversed in part; remanded for further proceedings on Count I. |
| Interference with a dead body by School and John Doe | School/John Doe assisted in handling the body despite objections to donation. | Immunity under the Anatomical Gift Act; failure to plead sufficient intent. | Affirmed dismissal as to School and John Doe. |
| Interference with a dead body by Funeral Home | Funeral Home facilitated transfer without consent and knew of objections. | No knowledge or intent to cause harm; not enough for section 868. | Affirmed dismissal as to Funeral Home. |
| Intentional Infliction of Emotional Distress (IIED) | Weiley’s presence at the time of conduct should not be required. | Weiley was not present; IIED requires presence under controlling authorities. | Dismissed IIED claims for lack of presence; alternate basis discussed. |
| Negligent Infliction of Emotional Distress (NIED) | Hospital owed fiduciary duty; breach caused distress. | NIED requires fiduciary/contractual duty, physical impact, zone of danger, or near relative observation. | Dismissed NIED for lack of fiduciary duty; no further analysis needed. |
Key Cases Cited
- Papieves v. Lawrence, 263 A.2d 118 (Pa. 1970) (adopted section 868 framework for interference with a dead body; focus on intent/wanton conduct and family disposition rights)
- Hackett v. United Airlines, 528 A.2d 971 (Pa. Super. 1987) (supports limitation of §868 to intentional/wanton conduct and caution on negligent extension)
- Taylor v. Albert Einstein Med. Ctr., 754 A.2d 650 (Pa. 2000) (presence required for IIED when plaintiff is not observing the tortious conduct; distinguishes IIED from interference with a body)
- Toney v. Chester County Hosp., 961 A.2d 192 (Pa. Super. 2008) (limits NIED to preexisting confidential relationships; discussion of fiduciary duties and presence in IIED context)