York v. Fredrick
947 N.E.2d 969
Ind. Ct. App.2011Background
- Doris Johnson died August 13, 2007 and was buried August 16, 2007; her funeral arrangements were prepaid by Johnson’s contract with the Funeral Home. The Yorks had little contact with Fredrick or the Funeral Home prior to Johnson’s death. After burial, the casket would not fit in the vault; four individuals pressed the casket to force it into the vault, and the vault was not fully sealed. Exhumation occurred August 30, 2007; the Yorks viewed video and photos of the exhumation and discussed evidence of damage. The Yorks claimed emotional distress from the burial and exhumation events, but did not seek medical treatment. The Yorks amended their complaint July 17, 2008 adding multiple counts against different defendants for negligence, gross negligence, negligent infliction of emotional distress, intentional infliction of emotional distress, and breach of fiduciary duty. The trial court dismissed the negligent infliction of emotional distress claims under Indiana Trial Rule 12(B)(6) and later granted summary judgment on remaining claims. The appellate court affirmed summary judgment in favor of Defendants and upheld the dismissal of NIED claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Yorks stated a claim for negligent infliction of emotional distress by bystander rule | Yorks rely on Groves bystander expansion | Yorks were not present at scene and not directly involved | Amended complaint fails Groves bystander requirements; dismissal affirmed |
| Whether summary judgment on intentional infliction of emotional distress, negligence/gross negligence, and breach of fiduciary duty was proper | There are disputed facts on IIED and fiduciary duty | No extreme/outrageous conduct; no fiduciary relationship; no genuine issues | Court affirmed summary judgment for Defendants on these counts |
| Whether Yorks waived issue regarding strike of supplements by Evans and Sexton Wilbert | Requests to strike were raised | Supplements cured defects; other parties’ motions allowed grant | Issue waived |
Key Cases Cited
- Groves v. Taylor, 729 N.E.2d 569 (Ind. 2000) (bystander requirement for direct involvement to support NIED claims when no physical impact)
- Blackwell v. Dykes Funeral Homes, Inc., 771 N.E.2d 692 (Ind. Ct. App. 2002) (loss of decedent remains can support NIED where plaintiff sufficiently involved)
- Cullison v. Medley, 570 N.E.2d 27 (Ind. 1991) (establishes elements of intentional infliction of emotional distress)
- Lindsey v. DeGroot, 898 N.E.2d 1251 (Ind. Ct. App. 2009) (tort requires extreme and outrageous conduct and intent to cause distress)
- Lachenman v. Stice, 838 N.E.2d 451 (Ind. Ct. App. 2005) (articulates rigorous standard for IIED and outrageousness)
- Smith v. Toney, 862 N.E.2d 656 (Ind. 2007) (by misidentifying proximity/relationship in Groves framework)
- Geiger & Peters, Inc. v. Berghoff, 854 N.E.2d 842 (Ind. Ct. App. 2006) (confidential relationship elements relevant to fiduciary claims)
- Paulson v. Centier Bank, 704 N.E.2d 482 (Ind. Ct. App. 1998) (fiduciary relationship threshold and dependence)