Dampier v. Wayne County

In Dampier v. Wayne County, 233 Mich App 714, 729; 592 NW2d 809 (1999), a funeral home permitted the plaintiffs to view the decedent's corpse, "whereupon they made the macabre discovery that the remains had been allowed to decompose to a 'ghastly and grotesque sight.'" The plaintiffs sued the county, the hospital and the funeral home, alleging negligence on the part of all the defendants. Id. After examining Michigan case law, the Court noted that "all of the Michigan cases that discuss this common-law claim involved the alleged evisceration or dismemberment of a dead body." Id. at 729. Because the facts in Dampier involved only the decomposition of the decedent's corpse, and not any form of mutilation, this Court held that the plaintiffs did not state a cognizable common-law tort claim. "Accordingly, we hold that a cognizable claim for the mutilation of a dead body is not sufficiently broad to encompass a claim for its decomposition, which does not involve the active incision, dismemberment or evisceration of the body. . . ." Id.