Default judgment sought vs. mortuary over alleged wrong corpse dressing

Closeup shot of a funeral casket or coffin in a spicialized shop. The coffin is made of mahogany with yellow metal fittings.
Stock photo Photo credit Getty Images

LOS ANGELES (CNS) - Relatives of an 80-year-old man who died earlier this year are seeking a default judgment against a Los Angeles mortuary, which they allege dressed the wrong corpse for a subsequent viewing with clothing supplied by the family.

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The Los Angeles Superior Court lawsuit filed against Harrison-Ross Mortuary alleges negligence, breach of contract and both intentional and negligent infliction of emotional distress. On Wednesday, an attorney for the family filed court papers with Judge Colin Leis to initiate a possible default judgment against Harrison-Ross for not participating in the case.

On Friday, the clerk's office responded by rejecting the default claim for now because of a lack of the filing of proof of service of a statement of damages. A case management conference is scheduled for Wednesday.

The decedent died Feb. 28 and his widow entered a contract with the mortuary for funeral services, according to the suit, which also states that the family bought a dress suit for the decedent that was based on his wishes. During the April 7 viewing at the mortuary's Crenshaw Boulevard location, the decedent's niece saw that the clothing was correct, but the person wearing them was not their loved one, the suit states.

When confronted, a mortuary employee "double-downed" and reassured the niece that it was in fact the correct body, the suit states.

Only after the niece showed the employee pre-death photos of the decedent did the worker acknowledge the error, the suit alleges.

By the time the clothing was removed and replaced on decedent's body and the correct corpse was then brought out, the viewing time was almost over, according to the suit initially brought May 15 and amended on June 30.

A day later, at the actual funeral, a mortuary employee asked the decedent's niece to "sign documents relating to defendant's negligence," according to the suit, which adds, "The mystery and horrific facts surrounding the treatment of decedent has caused and continues to cause plaintiffs immense mental suffering, loss of enjoyment of life, inconvenience, grief, anxiety, humiliation and emotional distress."

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Featured Image Photo Credit: Getty Images