Tuesday marked the opening of a trial in Memphis, Tennessee that you can read about here that is trying to get a finding as to whose responsibility is it when families have had grossly mishandled burials.  In this case, that of the Galilee Memorial Gardens of Memphis,  a lawsuit in which  more than 1,200 families contend that not only was the cemetery negligent, but the funeral homes that continued sending bodies to Galilee for burial are also negligent – because they should have known not to send bodies to this cemetery – and should pay for damages.

The cemetery has been closed, the owner has been put on probation in a plea deal and now injured families are turning their attention to what some may say are the “deep pockets” in the room – funeral directors and funeral homes that handled the services that ended up at Galilee Memorial Gardens for burial.  According to the article, the more than a dozen funeral homes named as defendents may be on the hook for “millions of dollars” if the jury finds for the families.

Here are a couple of the arguments that plaintiff’s attorney Kathryn Bartlett used in her opening statements:

• Funeral homes kept sending bodies to Galilee Memorial Gardens
• Funeral homes kept sending bodies to Galilee Memorial Gardens even after the cemeteries registration expired
• Funeral directors did not supervise burials until the bodies were in the ground
• Funeral directors walked away when burials were incomplete and Bartlett contends that they knew that some bodies were put into double graves, buried in walkways, and on grounds not belonging to the cemetery.

The defendant’s attorney, Mr. John Branson, used these arguments in his opening statements:

• The funeral homes did not choose the cemetery where families sent their loved ones.
• Branson also noted that the case should not be about the funeral homes, it should be about the cemetery.
• The Department of Commerce allowed burials at Galilee after its registration lapsed
• The Department of Commerce allowed burials even after they received repeated complaints of lost bodies

Funeral Director Daily take:  I’m no legal expert and don’t know all the ramifications of “precedent”.  However, in my opinion, a judgement in this case for the families could really open the door for funeral homes to be liable for damages when trade embalmers or crematory services, as well as cemeteries are found to have performed their services in less than a professional manner and families are hurt by such mal-performance.

From what I see in this case, there appears to be no doubt that Galilee Memorial Gardens took some shortcuts and did not live up to what families believed would be the services provided around the death of a loved one.  I don’t think that anyone is questioning that.  It appears that the criminal courts – with the plea bargain – took care of that situation.  Now, this case seems to be about the remedy for the apparent damages suffered by the loved ones.

What remains to be seen – in how this case is settled – is that if you as a funeral home have an idea that something is not proper, and do not relate that to a family in need, are you then held liable for that issue?

All funeral directors should be watching this case.  My guess is that if families win a large judgement you will certainly see your cost of business increase in the matter of liability insurance.

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