MEDIA – A Chester woman alleges that a nearby funeral home and local mortuary authorities cremated the remains of another individual, as opposed to her husband, and presented those incorrect remains to her, as her actual husband’s body decomposed in the Delaware County Medical Examiner’s Office.
Faynette Clark filed suit in the Delaware County Court of Common Pleas on Nov. 14 versus Earl Foster Funeral Home and Ashes to the Wind Cremation, also of Chester, and the Delaware County Medical Examiner’s Office, of Lima.
“On Feb. 17, 2021, plaintiff’s husband, Walter Clark, died due to complications of COVID-19 at his home on 3005 West 12th Street, Chester, PA. On Feb. 17, 2021, plaintiff contacted defendant Medical Examiner to come to 3005 West 12th Street, Chester, PA and retrieve her husband’s body. On Feb. 17, 2021, defendant Medical Examiner retrieved plaintiff’s husband’s body and transported the body to their office,” the suit says.
“On Feb. 23, 2021, plaintiff contracted defendant Funeral Home to retrieve her husband’s body from Medical Examiner and prepare her husband’s body for cremation. Subsequently, a body was retrieved by defendant Funeral Home that was represented to be that of plaintiff’s deceased husband. Additionally, plaintiff was told by the Funeral Home that the Crematorium would perform the cremation of her husband’s body and that the ashes of her husband’s body would be delivered to plaintiff.”
The suit adds that the plaintiff paid Earl Foster Funeral Home $1,160 for the aforementioned services.
“On Feb. 26, 2021, a body was cremated, purporting to be plaintiff’s husband, and plaintiff received an urn with the ashes of that body which she placed in her home. On March 23, 2022, plaintiff was informed by Medical Examiner that the ashes she received from Crematorium were in fact not her husband’s, which caused severe emotional pain and anguish to the plaintiff. Additionally, on March 23, 2022, plaintiff was informed by Medical Examiner that her husband’s body was still in the refrigerator of Medical Examiner in a state of severe decomposition, which again caused severe emotional pain and anguish to the plaintiff,” the suit states.
“Between Feb. 23, 2021 and May 31, 2022, plaintiff’s husband’s body decomposed daily, as the body became decayed to the point of almost non-recognition and during this period, plaintiff believed that the ashes she possessed in her home were that of her husband’s. On May 31, 2022, plaintiff’s husband’s actual body was cremated by Delaware County and the ashes were given to the plaintiff. At all times relevant in the plaintiff’s causes of action, the acts done or not done, were carried out by the employees, servants, agents or work persons of defendants Funeral Home, Medical Examiner and Crematorium, while acting within the course and scope of their employment and on the business of defendants Funeral Home, Medical Examiner and Crematorium.”
For counts of negligence, carelessness and negligent infliction of emotional distress, the plaintiff is seeking in excess of $50,000, plus costs, legal fees and interest.
The plaintiff is represented by Joseph S. Oxman of Oxman Goodstadt Kuritz, in Philadelphia.
The defendant has not yet obtained legal counsel.
Delaware County Court of Common Pleas case CV-2022-008565
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com