Taphophilia.(dot) Com - Family settles suit over mans cremation

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Family settles suit over mans cremation

Written by DeadGirl
Friday, 10 June 2005
May 20, 2005 Karen Farkas Plain Dealer Reporter Akron- The family of a man who was cremated after the Summit County medical examiner's office mistakenly released his body to a funeral home will receive $15,000 from the county. Donald Forester's son, daughter and brother will also receive a confidential amount from the Billow Funeral Home. On Thursday, they settled a lawsuit scheduled to go to trial Monday in Summit County Common Pleas Court. "It was an accident, an honest mistake," said John Manley, chief counsel of the civil division of the Summit County prosecutor's office. "They would have had to prove willful or wanton misconduct." James Collum, a Canton attorney who represented Forester's son, daughter and brother, said they are pleased the case is resolved. "They got some answers and it is time to move on," he said. Forester, 75, was found dead in the kitchen of his Fairview Avenue home by Akron police in early August 2003. His body was taken to the medical examiner's office, but an autopsy was not performed because his doctor told officials he had heart disease, Manley said. On Aug. 4, Charles Billow of the Billow Funeral Home, came to the morgue to get the body of Joseph Kleshinski, 32, of Warren. "The morgue attendant goes to the cooler and wheels out a gurney," Manley said. "On top of the body in the black body bag is a brown paper bag with Kleshinski's name. It contained his personal effects." Normally, a funeral home employee unzips the body bag to check the yellow identification tag on the wrist or toe, Manley said. But when the morgue attendant went to answer the phone, Billow took the body without checking. The remains in the body bag were cremated that day. Two days later, when Forester's family called the medical examiner's office, the staff realized they had released the wrong body. Manley said the medical examiner's office now places an identification tag outside the body bag. Vicki Jamison and her brother, Gregory Yurjevic, both of Coshocton, and their uncle, Michael B. Foster of Clearwater, Fla., said Billow and the medical examiner's office acted recklessly and the family suffered emotional distress. Yurjevic said family members never had a chance to decide whether they wanted to cremate Forester or have a funeral. Attorneys for Billow could not be reached for comment. The company claimed in court documents that the medical examiner's office was primarily to blame. To reach this Plain Dealer reporter: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , 1-800-628-6689 http://www.cleveland.com/printer/printer.ssf?/base/summit/1116581916227291.xml&coll=2

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Taphophilia?

taphophilia (taf′ō-fil′ē-ă)

ORIGIN:
From the Greek words taphos, meaning "tomb" or "sepulcher" and philia, meaning "attraction or affinity to something, in particular the love or obsession with something"

DEFINITION: 1. An excessive interest in graves and cemeteries. 2. A love or fondness for funerals, graves, and cemeteries. 3. In psychiatry, a morbid attraction to graves and cemeteries