June 24, 2024 – Judge Denies Motion To Dismiss Loss of Sepulcher Claim

One or both defendants (a funeral home and a cemetery) botched the decedent’s funeral by opening the wrong crypt, in the wrong building, thereby delaying the service for over an hour.  The defendants moved for summary judgment arguing that there was no case because they did not mishandle the remains or deny the clients the immediate possession of the body. In opposition, Mr. Rothstein wrote a treatise analyzing the history of the tort and providing case law showing that defendants’ view of the tort was too narrow because a loss of sepulcher also includes interference with the right to find comfort and solace in the ritual of burial.   The Judge agreed with Mr. Rothstein and denied the motions to dismiss.