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Flores v. Baca2/23/1994
RANSOM, Justice.
Hipolito Flores died on July 9, 1989, survived by his widow, Maria Luisa Flores, and by thirteen children. A daughter, Rachel Ramirez, contracted with Sam Baca, doing business as Baca's Funeral Chapels, to prepare Hipolito's body and to perform funeral and burial services. Hipolito's body was exhumed for autopsy two weeks after interment, at which time the family discovered that the lower half of the body had not been embalmed. Maria and the children sued Baca on claims of breach of contract, negligence, fraud, intentional infliction of emotional distress, gross negligence, and outrage, seeking compensatory and punitive damages. The trial court dismissed all claims except for the breach of contract claim of Maria for emotional distress damages and of Rachel for monetary damages.
The jury returned a verdict of $500,000 in compensatory damages in favor of Maria and of $360 in favor of Rachel. On Baca's motion for new trial, the court set aside the judgment in favor of Maria and granted a new trial on the issue of damages only. At the second trial, the jury awarded Maria $100,000 in compensatory damages. On appeal, the children urge reversal of the orders and judgments dismissing their claims. Maria appeals a directed verdict on punitive damages. Baca appeals the judgment in favor of Maria, claiming the trial court erred in submitting Maria's breach of contract claim, in admitting hearsay evidence to support the damages claim, and in refusing to give an instruction limiting compensation to severe emotional distress. Having consolidated the appeals, we affirm the judgment awarding compensatory damages to Maria, reverse the directed verdict on punitive damages, and remand for further proceedings relative to punitive damages for Maria and compensatory and punitive damages for severe emotional distress as may be proved by any one or more of the surviving children.
Facts. In March 1989, Hipolito and Maria executed individual contracts with Guardian Plans, Inc. for prospective funeral and burial services to be provided by Baca Funeral Homes. The bottom of Hipolito's "Statement of Goods and Services Selected" reflected a handwritten notation stating: "Embalming expressly authorized." Maria testified that she insisted upon embalming when she and her husband arranged their pre-need funeral contracts because of strong negative
memories of her father's death and funeral. A disclaimer in the contract states: "No claims were made to me/us as to . . . the effect that embalming . . . would delay the decomposition of the remains for a long term or indefinite time . . . ."
After Hipolito's death, Rachel made all of the funeral arrangements based upon the pre-need contract. She signed a separate contract containing the same disclaimer regarding the effect of embalming and paid for the funeral costs. Rachel's sisters and brothers shared equally in those costs. Whether Rachel was acting for other members of the family (as disclosed or undisclosed principals) by reason of the children's equal contributions to the cost of the funeral is a question raised in the briefs that becomes moot by reason of our approach to the duty issues involved.
Maria and the children testified that the funeral and burial services were satisfactory. Fifteen days after the funeral, Hipolito's body was exhumed for an autopsy. Some of Hipolito's sons were present at the disinterment. They testified at the first trial that they saw mold on the hands and a bloody purge of fluid from the mouth, nose, and ears of the deceased and smelled the stench of decay. Three sons accompanied th
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