(DOWNLOAD) "Gordon F. Burns v. Anchorage Funeral" by Supreme Court of Alaska " Book PDF Kindle ePub Free
eBook details
- Title: Gordon F. Burns v. Anchorage Funeral
- Author : Supreme Court of Alaska
- Release Date : January 22, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Gordon Burns, as administrator of the Estate of Wilma Fuglemsmo, brought suit against the Anchorage Funeral Chapel in the superior court. In Count I of his complaint Burns stated a claim for relief for wrongful death asserting that Anchorage Funeral had prematurely embalmed Wilma Fuglemsmo. This claim was tried to a jury which returned a verdict in favor of Anchorage Funeral. In Count II the administrator alleged a claim for wrongful interference with the right of the next of kin to preserve the body of the deceased. This count stated that Anchorage Funeral had embalmed the body of Wilma Fuglemsmo without the consent of her next of kin, and that this unauthorized act caused the next of kin emotional distress. Subsequent to the filing of this count, the trial court issued a pre-trial order in which the administrator was required "either to file an amended complaint [adding the next of kin as plaintiffs] or to defend a challenge against the second claim of want of capacity in the administrator." The administrator decided to defend the position that he had previously adopted, namely that he was the real party in interest, whereupon Anchorage Funeral moved for judgment on the pleadings. At this point the administrator moved to add the next of kin of Wilma Fuglemsmo as parties plaintiff. The superior court granted Anchorage Funerals motion for judgment on the pleadings and denied the administrators motion to add parties plaintiff on the ground that any claim the next of kin might have possessed arising from the unauthorized embalming was barred by the controlling two year statute of limitations. The trial court reasoned that since Burns, as administrator, was not the real party in interest, a new claim for relief would be introduced by an amendment adding parties plaintiff, and that, therefore, the amendment could not relate back to the date on which the administrator instituted suit against Anchorage Funeral.