November 11, 2013 Category: Business Litigation
Death is a serious matter. This is especially true when one is operating a cemetery business. However, this means the company’s clients take this matter seriously as well, which could lead to possible business litigation lawsuits and contract disputes if there is a mistake made at the cemetery. One woman decided to sue a cemetery in Michigan after it made a mistake regarding the burial of her parents.
The lawsuit alleged that the cemetery was in breach of contract when it failed to bury her parents together. Some type of organizational mistake caused her parents to be buried apart from one another by accident. The woman’s lawsuit asked for millions of dollars in monetary reimbursement for gross negligence.
How the mix-up had occurred was not revealed in any reports released to the public on the matter. On the other hand, the cemetery was also allowed to present its own legal defense in response to the woman’s allegations. The cemetery was successful in defending the lawsuit, which in turn resulted in the judge dismissing the case. The judge stated that the cemetery was not in breach of contract, and that the statutes of limitations on the case had already barred the lawsuit.
The Michigan cemetery was able to prevail in the business litigation lawsuit, because it was properly prepared to present a strong legal argument in court. This requires extensive knowledge of applicable laws, which in this case would include contract laws and state rules on statutes of limitations. Once a company is familiar with the necessary legal concepts, it will have the best chance of success in court.
Source: Miami Herald, Michigan judge throws out burial mix-up lawsuit, No author, Nov. 7, 2013