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Hill v. City of Fort Valley, Ga.

Plaintiffs failed to state a claim for emotional distress based on defendant's actions in disinterring and reburying their mother after defendants discovered that she was buried in the wrong plot.

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In 1981, Edwards Funeral Home interred Mrs. Logie Postell at Willow Lake Memorial Gardens Cemetery, which is owned by the City of Fort Valley. In 1997, the funeral home discovered the casket had been buried in the wrong plot, and, at the City’s expense, the casket was removed and reburied in the correct plot. Mrs. Postell’s children “plaintiffs” sued the funeral home and the City, asserting claims for intentional infliction of emotional distress, trespass, and wrongful burial. Both defendants moved for summary judgment. The trial court granted both motions, and the plaintiffs appeal. For reasons that follow, we affirm.

1. In reviewing a trial court’s grant of summary judgment, we conduct a de novo review of the law and evidence, and we construe all evidence, inferences, and conclusions in favor of the party opposing the motion.1 So viewed, the relevant facts show that in 1974, the City purchased Willow Lake Memorial Garden Cemetery from Edwards Funeral Home. Although the funeral home no longer owned the cemetery, it continued to sell lots on behalf of the City and conduct burials at the cemetery. The City was responsible for authorizing contracts for the sale of lots, identifying the grave site, and maintaining the cemetery.

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