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Pyle v. Pyle

A jury could find that the vice-president of a funeral home interfered with the widow's private right to bury her husband when the vice-president told the city to deed the husband's burial plot to the husband's son instead of the widow.

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Dannie Pyle was buried in a cemetery owned and operated by the City of Cedartown. When his widow discovered that the city had granted title to his grave and the adjacent grave space to his son by a previous marriage, she sued the city, the Lester Litesey Funeral Home, Inc., and the son. In this appeal, she contests the trial court’s grant of summary judgment to the funeral home on her claims of breach of contract and interference with burial rights. She also contests the grant of summary judgment to the funeral home and the son on her claims of conspiracy and fraud.

When Dannie Pyle died on April 21, 1997, he was survived by his second wife, Caron Pyle, and children of his first marriage, including a son, Michael Pyle. The widow, the son, and other family members met with Lester Litesey, III, the vice-president of the funeral home, and entered into an agreement for funeral goods and services for the burial. Because Michael Pyle and Litesey were good friends, Litesey discounted the bill by $2,795.

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