 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Guth v. Freeland7/31/2001
Plaintiffs-appellants Naomi Guth, Malcolm Akiona, Lawrence Akiona, Darryl Akiona, Dennis Akiona, Matthew Akiona, and Alberta Alphin (collectively, Plaintiffs) appeal from the final judgment of the Circuit Court of the Second Circuit, the Honorable Shackley Raffetto presiding, entered pursuant to an order granting summary judgment in favor of defendants-appellees Haines Freeland, dba Special Services and Accommodation (Freeland), the County of Maui, and Maui Memorial Hospital (MMH) (collectively, Defendants). Plaintiffs' suit arose from Defendants' allegedly negligent handling of the body of Plaintiffs' deceased mother, Barbara Akiona (Akiona). The circuit court granted summary judgment in favor of Defendants as to Plaintiffs' negligent infliction of emotional distress (NIED) claim because it was barred by Hawaii Revised Statutes (HRS) § 663-8.9 (1993). On appeal, Plaintiffs argue that the circuit court erred in granting summary judgment in favor of Defendants because HRS § 663-8.9 does not apply to NIED claims arising from the negligent mishandling of a corpse. In the alternative, Plaintiffs argue that this court should adopt the rule stated in the Restatement (Second) of Torts § 868 (1979). We hold that HRS § 663-8.9 does not apply to an NIED claim arising from the negligent mishandling of a corpse. Therefore, we vacate the circuit court's order granting summary judgment in favor of Defendants and the judgment entered pursuant thereto and remand the case for further proceedings.
I. BACKGROUND
Akiona was admitted to MMH on September 22, 1995. The next day, she passed away, and Freeland transported her body to the morgue for refrigeration pending testing and a possible autopsy. The morgue is located in MMH. Akiona was considered a coroner's case and was therefore in the custody and control of Maui County. Plaintiffs allege that Defendants negligently failed to refrigerate Akiona's body, causing it to decompose.
Prior to her death, Akiona entered into a contract with Maui Funeral Plan, Inc., which provided for the removal of her body from the hospital, professional embalming, a casket, use of the funeral home facilities, a car and driver to the cemetery, and funeral arrangements by the funeral director and staff. The plan utilized Nakamura Mortuary. In addition, Akiona told Plaintiffs that she wished to be interred according to the wishes of her family. Plaintiffs, some of whom had not seen their mother for some time, desired an open casket funeral.
Anthony Vierra, an employee of Nakamura Mortuary, went to the morgue on the morning of September 25, 1995 to retrieve Akiona's remains. When he arrived, no one was staffing the morgue; a security guard let him in. Vierra discovered Akiona's body outside the refrigeration unit. The body was bloated and partially decomposed. The face was bloated and purple, the eyes were bulging, and the tongue was swollen and partially protruding. Akiona's body was also discolored, and the veins appeared black. Alvin Nakamura, the owner of the mortuary, stated in a deposition that the foregoing indicated an "advanced stage of decay." Nakamura also stated that there was "a lot of skin slip, a lot of edema in the tissues, it smelled real bad. It was a hazzard to health." Nakamura ordered the body immediately embalmed for safety reasons.
Arthur Souza performed the embalming. The embalming did not alter the appearance of Aikona's body but delayed further decomposition and prevented any odor. He spoke with Plaintiffs and informed them that the funeral could not be open casket because of the condition of the body. When the Plaintiffs did not understand what he meant, Souza asked if they would like to see the body. Two of the Plaintif
Page 1 2 3 4 5 6 7 8 9 10 11 12 Hawaii Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|