Tort Law

This page within Virginia Tort Case Law is a compilation of cases on dead bodies reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Dead Bodies and the related topic of personal injury.For more information on issues dealing with dead bodies see the pages on Wikipedia. 

Dead Bodies-Cases

1994 McHenry v. Adams, 248 Va. 238, 448 S.E.2d 390.

The plaintiff asserted claims for negligence, breach of warranty, misrepresentation and violation of Virginia Consumer Protection Act alleging that mother had been interred in vault that was not waterproof as represented. When plaintiff visited gravesite in 1988, he could see flies coming from holes around grave. Cause of action accrues when plaintiff is injured even though injury may be slight. It is immaterial that more substantial damage may occur at a later date. Plaintiff suffered damage in 1988 because at that time he suffered emotional distress. Whether claim is governed by one or two year limitation period it is time barred.

1950 Sanford v. Ware, 191 Va. 43, 60 S.E.2d 10.

Plaintiff contracted with defendant to transfer body of her deceased husband from one cemetery to another. Defendant improperly buried body in second cemetery. Plaintiff sued for pecuniary damages as well as mental anguish. Court held award of damages for mental anguish was allowable where, as here, personal tort has been committed which will support action to recover some damages. Action ex delicto will lie against wrongdoer for unlawful invasion of near-relative’s rights with respect to dead body, such as act of indignity upon it, or for breach of duty in respect to it.