Wilson v. Houston Funeral Home
50 Cal. Rptr. 2d 169, 96 Daily Journal DAR 2064, 42 Cal.App.4th 1124 (1996)
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Rule of Law:
Every contract for funeral services contains an implied covenant that the services will be conducted with dignity and respect for the bereaved family, and a breach of this covenant is actionable.
Facts:
- After Melvin Wilson's death, his family contracted with Houston Funeral Home for funeral and burial services.
- Mavis Wilson showed Houston an insurance policy and a $5,000 check, and the parties agreed that if the check were needed for payment, Houston would inform her and wait for it to clear the bank.
- The funeral service was conducted as scheduled. The next day, the day of the burial, a limousine from Houston arrived to transport the family.
- Believing they were being taken to the cemetery, the family was instead driven against their will to a bank to meet Willie Houston.
- At the bank, Willie Houston shouted at Mavis Wilson, demanding payment, and stated, 'Ain’t nobody going nowhere until I get paid,' detaining the family for approximately 45-60 minutes.
- After Houston secured payment, the family was taken to the burial service.
- During the trip to and from the cemetery, the limousine driver drove recklessly at speeds up to 90 miles per hour, refused to turn on the air conditioning in 90-degree weather, and ignored the family's requests to slow down.
Procedural Posture:
- Plaintiffs (the Wilson family) filed a complaint against Houston Funeral Home and its director in a California trial court.
- After plaintiffs filed a second amended complaint alleging breach of contract, fraud, and other claims, defendants filed a demurrer.
- The trial court sustained the defendants' demurrer without leave to amend, finding that the complaint failed to state a cause of action.
- The trial court entered a judgment of dismissal against the plaintiffs.
- Plaintiffs, as appellants, appealed the judgment of dismissal to the California Court of Appeal.
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Issue:
Does a mortuary's conduct, including detaining a bereaved family, holding the decedent's body as collateral until payment is made, and employing a driver who operates a vehicle recklessly, constitute a breach of the implied covenant to provide an appropriate and dignified burial service?
Opinions:
Majority - Johnson, J.
Yes, such conduct breaches the implied covenant to provide an appropriate and dignified burial service. A contract for funeral services creates a special relationship and includes an implied covenant that services will be performed with dignity and respect. The court reasoned that the real objects of such a contract are consolation, consideration, and peace of mind for the bereaved. The alleged actions—which could constitute false imprisonment, wrongfully holding a body as collateral for a debt in violation of statute, and unprofessional conduct by the limousine driver—are sufficient to constitute a breach of this implied covenant. The court rejected the narrow view that the contract was fulfilled merely by transporting the body, emphasizing that the manner in which services are rendered is central to the agreement.
Analysis:
This case solidifies the legal principle that funeral service contracts in California carry an implied covenant of dignity and respect. It broadens the basis for liability beyond tangible errors, such as losing or desecrating remains, to include the intangible emotional and psychological treatment of the bereaved family. The decision establishes that actions causing emotional distress, like holding a family against their will for payment or unprofessional behavior, can be considered a breach of contract. This precedent requires mortuaries to ensure all aspects of their service, including interactions concerning payment and transportation, are conducted in a manner consistent with the solemn and sensitive nature of the occasion.
