Nature of the Case
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Facts
P claims that D violated its contract with P regarding the handling of Mr. Cole's cremated remains, allowing P's stepdaughter, Jessica Cole, to take two urns containing all of Mr. Cole's cremains, rather than just the one urn to which Jessica was entitled. Jessica Cole has refused to return one urn to D's or give one urn to P, P has been deprived of all of Mr. Cole's cremains. P seeks recovery for breach of contract, intentional infliction of emotional distress, negligence per se, willful or wanton negligence, negligence, gross negligence, and negligent infliction of emotional distress.
Holding and Decision
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Legal Analysis
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