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Court of Appeal of the State of California - 104 Cal. App. 3d 207
Tags: Contracts, Damages, Breach, Remedies, Emotional distress, Foreseeability
tl;dr:
Defendant mortuary lost the cremated remains of Plaintiff’s brother after it negligently packed them for shipping to Illinois.Video Summary
Case Summary
In the 1980 case Allen v. Jones, Carl D. Allen sued Nicholas Jones and Miller Jones Valley Mortuary for not properly cremating and shipping his brother's remains from California to Illinois. Allen claimed that the defendants carelessly handled the remains, causing the ashes to be lost. He also accused them of intentionally causing him emotional distress and deceiving him.
Allen wanted money for his mental suffering and humiliation, as well as punitive damages. The trial court dismissed his complaint, saying he didn't present valid damages. Allen appealed, saying he should be allowed to get money for his emotional distress even without physical injury.
The California Court of Appeal disagreed with the trial court and said Allen could get money for emotional distress, since this case was an exception to the general rule in contract cases. The court also said Allen could pursue claims for intentional infliction of emotional distress and deceit based on the defendants' behavior.
This case is important because it's an example of when emotional distress damages are allowed in contract cases. It shows how courts weigh the interests of upholding contracts and compensating for personal injuries. Also, it highlights how courts use different standards for different types of claims related to contractual relationships.
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The plaintiff sued a mortuary partnership for damages due to mental distress caused by the loss of the cremated remains of the plaintiff's brother. The court sustained the defendants' demurrers on the ground that the complaint failed to plead "recognized damages." The plaintiff can maintain the cause of action for negligent performance of the contract, but not for intentional infliction of emotional distress and deceit. Damages for mental distress are generally not recoverable in an action for breach of contract, except for certain contracts that affect the vital concerns of the individual, where severe mental distress is a foreseeable result of breach. Contracts to prepare a body for burial are personal contracts, and breach may cause mental anguish to the decedent's bereaved relations. Damages for mental anguish may be recovered for breach of such contracts, as it is reasonably foreseeable that breach may cause mental suffering.
The author advocates for eliminating the legal distinction between mental and emotional distress with and without physical manifestation. They argue that mental anguish is the same regardless of physical signs and that concerns about widespread abuse and fictitious claims are unfounded. The author believes that the current rule is arbitrary and unnecessary and that the law can handle solely mental and emotional distress in ordinary negligence cases. They also argue that this change will not result in a flood of new litigation.
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