Newark, NJ - Court: Relative Can Sue Over Incomplete Funeral Ritual
Newark, NJ - A state appellate court ruled Thursday that a relative in mourning can sue a funeral home for emotional distress over an incomplete pre-funeral ritual for Orthodox Jews.
The decision reverses the finding of a trial judge, who said the matter could be resolved by having the relative only pay for the completed portion of the ritual, which involves maintaining a vigil over the body until the funeral.
The dispute arose in February 1999, when Emanuel Needle made funeral arrangements for his father-in-law with Menorah Chapels of Millburn. His in-law, 100-year-old Victor Mintz of Maplewood, died on a Friday, so the funeral was not conducted until Sunday because the Jewish Shabbas runs from Friday sundown to Saturday sundown. Needle arranged, at a cost of $900, to have six shifts of body watchers, known as "shomerim" to keep a vigil until the funeral. Menorah Chapels subcontracted that task to a burial society, but only the final three shifts appeared, starting after the Shabbas ended, according to court records.
Needle and the family learned just before the funeral that the body had been left alone, contrary to Orthodox custom, the court said.
Eight months later, the funeral home sued Needle for payment for its services, minus $390 for the three shifts. Needle countersued, charging that the funeral home's negligence and breach of contract caused the family emotional distress.
A Superior Court judge determined that the issue was a contractual matter that could be settled by determining "the difference between what was promised, and what was received." Needle's counterclaim was dismissed and a judgment was entered in favor of Menorah Chapels.
Needle appealed, and the appellate panel agreed that subtracting the cost of the missing shifts would not be a proper resolution since complete coverage had been expected. The unanimous ruling by a three-judge panel of Appellate Division of state Superior Court sent the case back to the lower court, where it said a jury could determine if providing a full vigil was a significant condition of the contract.
The decision reverses the finding of a trial judge, who said the matter could be resolved by having the relative only pay for the completed portion of the ritual, which involves maintaining a vigil over the body until the funeral.
The dispute arose in February 1999, when Emanuel Needle made funeral arrangements for his father-in-law with Menorah Chapels of Millburn. His in-law, 100-year-old Victor Mintz of Maplewood, died on a Friday, so the funeral was not conducted until Sunday because the Jewish Shabbas runs from Friday sundown to Saturday sundown. Needle arranged, at a cost of $900, to have six shifts of body watchers, known as "shomerim" to keep a vigil until the funeral. Menorah Chapels subcontracted that task to a burial society, but only the final three shifts appeared, starting after the Shabbas ended, according to court records.
Needle and the family learned just before the funeral that the body had been left alone, contrary to Orthodox custom, the court said.
Eight months later, the funeral home sued Needle for payment for its services, minus $390 for the three shifts. Needle countersued, charging that the funeral home's negligence and breach of contract caused the family emotional distress.
A Superior Court judge determined that the issue was a contractual matter that could be settled by determining "the difference between what was promised, and what was received." Needle's counterclaim was dismissed and a judgment was entered in favor of Menorah Chapels.
Needle appealed, and the appellate panel agreed that subtracting the cost of the missing shifts would not be a proper resolution since complete coverage had been expected. The unanimous ruling by a three-judge panel of Appellate Division of state Superior Court sent the case back to the lower court, where it said a jury could determine if providing a full vigil was a significant condition of the contract.
posted by VOS IZ NEIAS @ 6/08/2006 04:55:00 PM
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