· 3/1/1985
Whitehair v. Highland Memory Gardens, Inc.
Citations
- 327 S.E.2d 438
- 174 W. Va. 458
- 53 A.L.R. 4th 383
- 1985 W. Va. LEXIS 491
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “[a] cause of action for negligent or intentional mishandling of a dead body does not require a showing of physical injury or pecuniary loss”
- noting \the general rule that damages for mental distress cannot ordinarily be recovered for a negligent act that does not produce some physical injury\
- surviving spouse and, in the absence thereof, the next of kin according to the laws of intestate succession
- acknowledging quasi-property right in a dead body and adopting section 868
- acknowledging quasi-property right in a dead body and adopting section 868
- “A cause of action for negligent or intentional mishandling of a dead body does not require a showing of physical injury or pecuniary loss.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Miller
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.