Albuquerque Team Secures Defense Verdict for Funeral Home Following Six-Day Jury Trial in Sensitive Matter Involving Alleged Emotional Injuries to Decedent's Family

Albuquerque, N.M. (March 28, 2023) – Albuquerque Administrative Partner Stephen Hoffman and Associate Vanessa Garcia recently secured a defense verdict on behalf of a funeral home and several of its employees following a six-day jury trial in the Second Judicial District in Bernalillo County.

In this matter, the plaintiffs – the father and paternal grandmother of an adult decedent – brought claims against the funeral home for emotional injuries. They alleged that the funeral home and its employees desecrated their family member’s body by handling and preparing it in a manner contrary to the family’s expressed religious beliefs, improperly embalmed the body, broke some of the decedent’s bones, and made callous and wrongful statements to the plaintiffs regarding the care and handling of the body. The plaintiffs also alleged that the funeral home made false and misleading statements to the family regarding the funeral homes’ knowledge and expertise in handling and preparing decedents in accordance with the family’s expressed religious beliefs.

The plaintiffs’ final pre-trial demand was in the six-figure range. They also demanded that a formal written public apology and admission of the legitimacy of the plaintiffs’ claims be printed in the local newspaper. The case proceeded to trial.

During trial, the plaintiffs presented many facts witnesses in an effort to corroborate their claims and statements alleged to have been made by funeral home employees. Lewis Brisbois countered this testimony by establishing the bias of the plaintiffs’ witnesses and presenting evidence that the plaintiffs’ claims were unsupported in the record. Lewis Brisbois also presented evidence that the funeral home and its employees were professional, treated all decedents with respect and dignity, and were well-trained in the care and preparation of decedents in accordance with religious funerary practices.

In addition, the plaintiffs called an expert to testify that the funeral home’s conduct fell below the standard of care in the industry. Lewis Brisbois, however, successfully challenged the underlying basis for those opinions and ultimately obtained a concession from the plaintiffs’ expert that he could not point to any evidence in the case record to establish that the funeral home fell below the standard of care in the preparation and handling of the body, and that his opinions were based solely upon the assumed truthfulness of the allegations made in the plaintiffs’ complaint.

After deliberating for three hours, the jury returned a defense verdict on all seven causes of action alleged against the defendants.

Mr. Hoffman is a member of Lewis Brisbois’ Complex Business & Commercial Litigation, Products Liability, and Toxic Tort & Environmental Litigation Practices. He practices in state and federal courts of Arizona and New Mexico and is a member of the American Board of Trial Advocates (ABOTA). A seasoned litigator with more than 30 years’ experience, Mr. Hoffman regularly defends corporations, directors, officers, and licensed professionals against claims of negligent and intentional wrongdoing.

Ms. Garcia is a member of Lewis Brisbois’ General Liability Practice. She focuses her practice on an array of civil litigation, including civil rights, commercial, healthcare, employment, insurance, and torts/personal injury matters.