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Woman sues Amarillo mortuary PDF Print E-mail
Written by DeadGirl   
Sunday, 11 July 2004
Lawsuit claims botched cremation destroyed funeral plans

By JIM McBRIDE

A Swisher County woman Tuesday sued a Potter County funeral home over claims that her infant son's body was accidentally cremated with another person's remains. Mary Powell filed the suit Tuesday on behalf of the estate of Caleb Dwight Sutton against Service Corporation International, doing business as Memorial Park Funeral Home, Cemetery and Crematory.

The suit, filed in 320th District Court, claims the boy was born prematurely to Powell on May 20, 2003, and died the next day.

According to the suit:


On May 22, 2003, Powell arranged with Memorial Park to bury her son, executed a written contract with the funeral home and paid in full for services to be performed.

The boy's burial services were scheduled for May 27, 2003, but the funeral home told Powell the day before the service that her son had been accidentally cremated along with the body of another adult female.
Powell, a representative of her son's estate, claims the funeral home was negligent and alleges the funeral home breached its legal duty to her when it accidentally cremated the boy's remains.

"The funeral home owed Mary Powell the duty of care to perform the burial services of Caleb with the same skill and care as other reasonably prudent funeral homes would have done," the suit states.

Powell claims she has suffered unspecified damages for mental anguish and attorney's fees as a result of the funeral home's wrongful conduct, the suit says.

Terry Hemeyer, managing director of SCI, said the company had not seen a copy of the lawsuit and could not yet comment on it.

http://www.amarillonet.com/stories/070704/new_mortuary.shtml
 
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