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Attorneys in Menorah Gardens case seek punitive damages PDF Print E-mail
Written by DeadGirl   
Saturday, 22 May 2004
Posted May 22 2004

Attorneys seeking to hold the operator of the two Menorah Gardens cemeteries in Broward and Palm Beach counties accountable for burial problems were back in court Friday to ask a judge to allow them to pursue punitive damages.

Friday's hearing involved the family of David Wolff, 70, a World War II Navy veteran who was buried in the Palm Beach Gardens cemetery in January 1997. Family members and their attorneys allege Wolff's remains were secretly dug up and moved to an unmarked grave several spaces away, but the cemetery operator says Wolff was simply buried in the wrong spot.

"My family was there at my father's burial. We know he was moved. There is no question about it," said Michael Wolff, an attorney from Rockville, Md., who is one of the plaintiffs. "It's outrageous."

Barry Davidson, an attorney for cemetery operator Service Corp. International, said there was no cover up by SCI to hide that Wolff was buried in the wrong space.

"There's a problem here. We do not deny it. Mr. Wolff was buried in the wrong place," he said. "He has never been buried once and dug up."

The cases in Palm Beach County are separate from those in Broward County, where SCI -- the country's largest provider of funeral services -- has reached a $100 million settlement in a class-action lawsuit that is awaiting approval from a judge.

In the proposed settlement, $25 million has been set aside for punitive damages. Punitive damages can be awarded in civil cases where the plaintiffs have suffered severe emotional distress and the defendant's conduct was outrageous.

There are about 70 families involved in the Palm Beach County cases, and their attorneys are seeking punitive damages separate from those set aside in the class-action case.

So far, Palm Beach Circuit Judge Art Wroble has ruled that the attorneys have to make more specific allegations as to each plaintiff's suffering before he will decide whether they are entitled to ask for punitive damages.

The Wolff case is separate from that larger case, and Wroble said he would rule in the near future on the request to seek punitive damages.

http://www.sun-sentinel.com/news/local/palmbeach/sfl-pmenorah22may22,0,3752032.story?coll=sfla-news-palm
 
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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

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And thou, his Florence, to thy trust Receive and keep, Keep safe his dedicated dust, His sacred sleep. So shall thy lovers, come from far, Mix with thy name As morning-star with evening-star His faultless fame.

A.C. Swinburne

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