MEDIA – The Delaware County Medical Examiner’s Office has rejected allegations made by a Chester woman 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 its office.
Faynette Clark first 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 said.
“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 added 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 stated.
“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.”
UPDATE
The Delaware County Medical Examiner’s Office filed preliminary objections in the matter on Feb. 15, denying the events as presented by the plaintiff in her complaint.
“The plaintiff’s complaint further alleges in summary that moving defendant took possession of the corpse of Walter Clark, plaintiff’s husband, after he died of COVID-19 on Feb. 17, 2021. The complaint further alleges moving defendant thereafter released a different corpse to plaintiff’s agents in error, representing that it was the corpse of Walter Clark, when it in fact was not. Said corpse was cremated at plaintiff’s direction. The complaint then alleges that thereafter moving defendant advised plaintiff that the wrong corpse had been release and cremated and that the proper corpse remained in its possession. It is further alleged that moving defendant advised plaintiff that the corpse of her husband had suffered significant decomposition. Plaintiff further alleges that moving defendant cremated the corpse of her husband and gave the ashes to her,” according to the objections.
“Plaintiff claims that she has suffered mental harm as a result of knowing that her husband’s corpse had been misidentified, the she had been given the wrong remains initially, and that her husband’s corpse went through a process of decomposition before it was cremated. Plaintiff does not allege that she ever viewed her husband’s corpse since moving defendant took possession of it and it was properly cremated at her request. Plaintiff does not allege that she has in fact incurred any monetary damages as a result of any the alleged actions of moving defendant.”
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.
Defendants Delaware County Medical Examiner’s Office and Ashes to the Wind Cremation are represented respectively by Michael F. Schleigh of Hardin Thompson, also in Philadelphia, and Donald M. Grimes of Kelly Grimes Pietrangelo & Vakil, in Media.
Delaware County Court of Common Pleas case CV-2022-008565
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com