East Bay family aghast after funeral home’s premature cremation, but jury rules they didn’t suffer ‘serious’ emotional distress - The Mercury News
Dec 10, 2018The body inside their furnace — that of 91-year-old Vincent Jarvis — was supposed to be sent to the county coroner for an autopsy before the cremation, but that didn’t happen. Upset and unsure how to proceed, the employees called their boss, who told them to open the furnace and pour water on the body that was burning at around 900 degrees Fahrenheit. That further damaged the remains.The family of Vincent Jarvis has sued a Pacheco funeral home over a<br />premature cremation. (Courtesy of Gilbert Purcell) In the end, a skinless, headless and charred torso was sent to the coroner.The May 2013 incident at the Pacheco funeral home left Jarvis’ family badly shaken to this day, his daughter Elizabeth Dennison said.The family, who had requested the autopsy, filed a lawsuit against Alta Vista. On Oct. 5, after a three-week trial, a jury returned its verdict: The funeral home had been negligent in starting the cremation, but the family was not entitled to any damages.The reason? Jurors found that the mistake had not caused Jarvis’ family “serious” emotional distress.Dennison disagrees.“We can’t even look at a picture of our dad without seeing something atrocious and gruesome,” she said. “We don’t understand what happened. This is something that is affecting us daily; we can’t think of our own father.”Gil Purcell, an attorney for the plaintiffs, said they plan to file an appeal, and blasted several of the trial judge’s rulings as “ridiculous” and nonsensical.“We’re going to keep fighting the good fight,” Purcell said.Attorney John A. Mason, who represented the funeral home, said in an email his clients were pleased with the verdict and referred to the mistake as an “unfortunate paperwork error.”“Our client did everything humanly possible to rectify the situation and ensure that the decedent’s lungs could, in fact, be removed by ...