Flores v. Baca

871 P.2d 962 (1994)

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Nature of the Case

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Facts

P testified that she insisted upon embalming when she and her husband arranged their pre-need funeral contracts because of strong negative memories of her father's death and funeral. Hipolito died and was survived by P and 13 children. A daughter, Rachel Ramirez, contracted with D to prepare Hipolito's body and to perform funeral and burial services. P and the children testified that the funeral and burial services were satisfactory. The body was exhumed for autopsy two weeks after interment, at which time the family discovered that the lower half of the body had not been embalmed. There was mold on the hands and a bloody purge of fluid from the mouth, nose, and ears of the deceased, and smelled the stench of decay. The autopsy revealed that the embalming ended at about the waist. Decomposition included the sloughing of skin over the entire lower part of the body. When the body was returned to the funeral home for reinterment, P and several of the children smelled the decay coming from the garage where the casket was located. P could not view Hipolito's body again because of the overpowering smell and she later overheard her sons describing to her other children the condition of the body. P and the children sued D on claims of breach of contract, negligence, fraud, intentional infliction of emotional distress, gross negligence, and outrage, seeking compensatory and punitive damages. P described her feelings of distress, including sleeplessness, lack of appetite, and depression. The trial court dismissed all claims except for the breach of contract claim of P for emotional distress damages and of Rachel for monetary damages. The medical examiner testified that he had not seen a more inadequate case of embalming. None of this testimony was allowed at the second trial. The jury returned a verdict of $500,000 in compensatory damages in favor of P and $360 in favor of Rachel. The court set aside the judgment in favor of P and granted a new trial on the issue of damages only. At the second trial, P testified to the loss of physical control of her body upon smelling her husband's body, crying, depression, and long-term emotional pain. The jury awarded P $100,000 in compensatory damages. Everyone appealed. The children seek reversal of the orders and judgments dismissing their claims. P appeals a directed verdict on punitive damages. D appeals the judgment in favor of P, claiming the trial court erred in submitting P's breach of contract claim, and in refusing to give an instruction limiting compensation to severe emotional distress.