(Download) "Michael Brown and Ella Belle Brown v." by Supreme Court of Idaho No. 18116 # Book PDF Kindle ePub Free
eBook details
- Title: Michael Brown and Ella Belle Brown v.
- Author : Supreme Court of Idaho No. 18116
- Release Date : January 15, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
In this appeal from a summary judgment we are called upon to determine whether the trial court correctly ruled that there
were no genuine issues of material fact to support plaintiffs' claims for breach of contract, negligent mishandling of a dead
body, and the tort of outrage. Charles Blaine Brown died in a Logan, Utah hospital on June 2, 1984. The day after his death the plaintiffs-appellants Ella
Belle Brown, the decedent's wife, and Michael Brown, Ella's and the decedent's son, returned to their home in Montpelier,
Idaho where they contacted defendant Matthews Mortuary for the purpose of arranging cremation and a memorial service. Matthews
Mortuary informed Ella Brown that it was not licensed to provide cremation services and that the cremation would have to be
performed at a crematory. Matthews selected Aultorest Crematorium of Ogden, Utah, a firm with which it had not previously
dealt. A memorial service was held without the presence of the cremated remains. Approximately three weeks later Matthews
Mortuary delivered to Ella and Michael Brown a plastic box in a brown wrapper containing what was assumed to contain Charles'
cremated remains. The box remained unopened for approximately one year, until such time that Michael Brown took the remains
to scatter in the Elk Valley area near Montpelier, Idaho. When Michael removed the brown wrapper, the burial transfer certificate
located inside bore the name of one Michael Calvin Jackson and it was presumed that the remains in the container were not
those of Charles Brown. Subsequent to this discovery, Ella and Michael Brown requested the return of Charles' cremated remains,
however they have not yet received them and all parties conclude that his remains have been lost.
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