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Justice v. SCI Ga. Funeral Servs. Inc.

The lack of actual damages was not a bar to the plaintiffs' breach of contract claim against funeral home defendants and a genuine issue of material fact remained as to whether the defendants' failure to ensure that the decedent's ashes were in the urn displayed during her memorial service constituted a breach of the parties' contract.

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This appeal is from a grant of summary judgment to the funeral home defendants in a case arising out their failure to insure that the cremated remains of appellant’s decedent were in the urn that was to contain them. Appellant’s claims include breach of contract, interference with burial rights, invasion of privacy, intentional infliction of emotional distress and trespass. The grant of summary judgment on the breach of contract claim was premised on the trial court’s finding that there were no actual damages arising from the alleged breach. That finding was correct, but because nominal damages may still be recovered, summary judgment on that claim was improper and must be reversed. As to the remaining claims challenged on appeal, there exist no genuine issues of material fact and we thus affirm the grant of summary judgment on those claims.

Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” OCGA § 9-11-56 c. We apply a de novo standard of review “to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” Moore v. Camara, 317 Ga. App. 651, 652 732 SE2d 319 2012.

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