Nevada Memorial Cremation Case Study
RULE OF LAW: The family and friends of Richard Boorman claim that his remains were neglected. They placed a suit against Nevada memorial cremation society, Clark county, and all employees associated with the neglecting of Richards body.
FACTS
Richard Boorman’s mother Denise Boorman and other family members (collectively, Boorman) brought up an action against Nevada Memorial Cremation Society (the mortuary), Clark County, and the employees of both entities. The suit was placed because the body of Richard Boorman was returned to England without his internal organs. Richard (age 29) died from consumption of drugs and alcohol while on vacation in Las Vegas, Nevada. Richard’s body was taken to Clarks County coroner for an autopsy. The coroner …show more content…
Nevada does not recognize a deceased human body or its parts as “personal property”. It could not be concluded that Ricard’s organs were kept for illegal selling or other wrongful actions. The court dismissed the charge of fiduciary duty. But it was decided that the family should be awarded for the emotional distress the were put under.
USE OF PRECEDENT
A previous case Barmettler v. Reno Air, Inc, was big help for this court to decide whether the family of Boorman could sue for emotional distress. In that case an emotional distress claim resulting from the alleged negligent handling of a deceased person's remains. The court ruled in that case that it is possible to be under emotional distress and not be the person responsible for the funeral arrangements. This is why in Boorman’s case the close family members were able to sue for emotional distress.
EFFECT ON BUSINESS AND SOCIETY This case is important and also in the business world because it shows how neglect even unintentional, can cause a business so much. In this case the mortuary and coroner did not mean to keep Richard’s organs, maybe a careless mistake of misplacing the organs caused all this trouble. Not only can a business or organization lose a lot of money from such a mistake, but they can also lose their reputation or even the whole business can be
FACTS
Richard Boorman’s mother Denise Boorman and other family members (collectively, Boorman) brought up an action against Nevada Memorial Cremation Society (the mortuary), Clark County, and the employees of both entities. The suit was placed because the body of Richard Boorman was returned to England without his internal organs. Richard (age 29) died from consumption of drugs and alcohol while on vacation in Las Vegas, Nevada. Richard’s body was taken to Clarks County coroner for an autopsy. The coroner …show more content…
Nevada does not recognize a deceased human body or its parts as “personal property”. It could not be concluded that Ricard’s organs were kept for illegal selling or other wrongful actions. The court dismissed the charge of fiduciary duty. But it was decided that the family should be awarded for the emotional distress the were put under.
USE OF PRECEDENT
A previous case Barmettler v. Reno Air, Inc, was big help for this court to decide whether the family of Boorman could sue for emotional distress. In that case an emotional distress claim resulting from the alleged negligent handling of a deceased person's remains. The court ruled in that case that it is possible to be under emotional distress and not be the person responsible for the funeral arrangements. This is why in Boorman’s case the close family members were able to sue for emotional distress.
EFFECT ON BUSINESS AND SOCIETY This case is important and also in the business world because it shows how neglect even unintentional, can cause a business so much. In this case the mortuary and coroner did not mean to keep Richard’s organs, maybe a careless mistake of misplacing the organs caused all this trouble. Not only can a business or organization lose a lot of money from such a mistake, but they can also lose their reputation or even the whole business can be