Fse 116 Funeral Law And Assessment Answers

Answer: 

The case discussed here is Raul Adrian Castro Manano v. Carey Riyal Ram’n Mortuary, Case Number: 2015-2710-CA-01.

The Case

In the case that is discussed here, the body of a dead baby was discovered in the garbage bin of Gas Station located in the North Miami. It was discovered that the baby was actually the deceased child of the couple in the case who had died shortly after birth on the 1st of September, 2014. It was stated that the couple had no idea how their child had ended up there, they had, and at that time signed a cremation contract with the Carey Riyal Ram’n who was given the full authority for the cremation of their late child’s dead body after its fateful demise in the Miami Beach Hospital (Miamiherald, 2017, https://www.miamiherald.com). But, since the body was not subjected to cremation, it can be said that the company committed a breach in the contract that was signed with them. The case was then soon run in the Court.

The couple claimed to have made several complaints to the Mortuary about this particular incident since the month of July 2015. But, it seemed that the Mortuary was very ignorant and tried to avoid making any contacts with them whatsoever. All their complaints were ignored and not responded to; this further strengthened the particular case in the favor of the parents of the dead child  

The Arguments and Judgment

A damage trial proceeded in the court, ruled by the Miami-Dade Circuit Judge Jorge Cueto. All the arguments were placed by the plaintiffs and the defendant and were analyzed. It was stated by the Carey Riyal Ram’n’s son, Mr. Jarren Hood, to the Miami Police that body in question was stolen from the van inside which it was carried. The lawyers and the police department found the roots of the story quite vague and strange for except the body, nothing else seemed to have been stolen from the wan, which was very much unexpected of thieves. Their argument was clearly seen to be untruthful and vague, but, even so was considered. It was very unclear how the body ended up in the garbage bin of a gas station in the north Miami while being taken for cremation and who might be responsible and how the act was done in the first place, but the picture that was the clearest of all was the suffering endured by the parents of the deceased child. The parents after finding their child’s corpse in the garbage bin and not being responded to by the mortuary cremated their child in a burial site of a catholic church. The Court compensated the mother a sum of $2million and the father $1Million for emotional distress that was faced by them. The mortuary was penalized and was charged a sum of $25 million for the damage inflicted by them and $500 for the breach of the contract (Lexisnexis.Com, 2017). The verdict was passed on the 10th of March 2016 and it took the jury about 30 minutes to reach the conclusion.   

Reference

"$28 Million Awarded To Parents Of Dead Baby Found In A North Miami Dumpster." Miamiherald, 2017, https://www.miamiherald.com/news/local/community/miami-dade/north-miami/article65328632.html. 

2017, https://www.maselara.com/wp-content/uploads/2016/04/20160401140557.pdf. 

"$28 Million Verdict Against Funeral Home That Failed To Properly Dispose Of Newborn's Remains." Lexisnexis.Com, 2017, https://www.lexisnexis.com/jvsubmission/b/document_of_week/archive/2016/03/24/28-million-verdict-against-funeral-home-that-failed-to-properly-dispose-of-newborn-39-s-remains.aspx.