Allen v. Jones

Court of Appeal of California, Fourth District, Division Two · 1980 · Contracts

Contractscontractstortsemotional distressmental anguishmortuary servicescremated remainsnegligent performance of contract

Facts

Plaintiff, the brother and nearest living relative of Ralph Allen, entered into an oral agreement with defendants, doing business as Miller Jones Valley Mortuary, for cremation of Ralph Allen's body and shipment of the cremated remains to Illinois. Plaintiff paid $516 for these services. The complaint alleged that because defendants negligently packaged the remains, the package arrived empty and the remains were lost. Plaintiff sought damages for nervous shock, mental anguish, and humiliation, and also alleged in conclusory terms that defendants acted outrageously and deceitfully.

Issue

May a plaintiff recover damages for emotional distress alone, without accompanying physical injury, when a mortuary negligently mishandles a corpse or cremated remains in performing its agreement? Also, were plaintiff's separate causes of action for intentional infliction of emotional distress and deceit sufficiently pleaded?

Rule

Although emotional distress damages are generally not recoverable for ordinary breach of contract, they may be recovered where the contract concerns matters in which severe mental distress from breach is reasonably foreseeable. When a mortuary's negligent performance results in mishandling of a corpse or cremated remains, the plaintiff may recover damages for mental distress without accompanying physical injury because such distress is highly foreseeable and the negligence action sounds in tort as well as contract. Allegations of intentional wrongdoing, including deceit and outrageous conduct, must be pleaded specifically and are insufficient if vague and conclusory.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Sacramento, Lena Ortiz hired Willow Crest Mortuary to cremate her father and deliver the ashes to her home for a family memorial. Through careless handling during delivery, the urn was dropped into a drainage canal and the ashes could not be recovered; Lena alleges severe grief and humiliation but no physical illness.

If Lena sues for negligent performance of the mortuary agreement and seeks only emotional distress damages, what is the most likely result?

Explanation. The majority held that when a mortuary negligently mishandles a corpse or cremated remains, the plaintiff may recover damages for mental distress without physical injury. The court treated negligent performance in this setting as sounding in tort as well as contract because serious emotional harm to bereaved relatives is highly foreseeable.