Tuesday, April 7, 2009
Emotional Distress for mishandling a body
A few days ago, we discussed in class the cases related to emotional distress due to the "mishandling of a corpse." Today, Law.com is reporting that the California Supreme Court has tossed the lawsuit of a widow who claimed that a University of California scientific research program had misused and misplaced her husband's body. The body had been donated to the school and was delivered to UC-Irvine as intended. Shortly after her husband's death, the plaintiff read troubling newspaper accounts that suggested the school was using cadavers for unauthorized purposes, including private, for-profit tutoring classes and out-of-state sales to researchers. It was never clear how the program used or disposed of the body but the court concluded there was no evidence to prove the body had been used in a private tutoring class, transported or dismembered for profit, or used in a manner other than what plaintiff contended had been authorized by the donation agreement. For the full story, go here.