SCI Texas Funeral Services, Inc. v. Nelson

The limitations on mental anguish damages do not require a contractual relationship between the plaintiff and defendant before mental anguish damages can be recovered for mishandling a corpse.Cody Nelson sued SCI Texas Funeral Services, Inc. for negligence in proceeding with the cremation of his mother’s body without his authorization, claiming mental anguish damages for having been denied the opportunity to pay his last respects to his mother. The siblings of Nelson’s mother signed an authorization for SCI to arrange an expedited cremation during Nelson’s absence. The trial court rendered judgment for SCI, concluding that because SCI did not contract with Nelson, it could not be liable to him for mental anguish damages. The court of appeals reversed, concluding that SCI and Nelson had a special relationships without being in contractual privity. The Supreme Court affirmed, holding that Texas common law requires a special relationship, and not necessarily a contractual one, as the basis for mental anguish damages when the defendant had negligently mishandled a corpse. View "SCI Texas Funeral Services, Inc. v. Nelson" on Justia Law