Is Recovery Permitted for Emotional Distress Suffered by Individual Due to Intentional Interference With a Dead Body ?
In Brownlee v. Pratt (1946), 77 Ohio App. 533, 68 N.E.2d 798, this court recognized the tort of interference with the burial of a dead body, also called the right of sepulcher, and allowed damages for the emotional distress suffered by a daughter as the result of the intentional interference with the body of her deceased father. See, also, Biro v. Hartman Funeral Home (1995), 107 Ohio App.3d 508, 669 N.E.2d 65.
Several years later, the Eighth District Court of Appeals revisited the tort with respect to the legal basis for permitting the recovery of damages for emotional distress resulting from the negligent mishandling of a dead body. Carney v. Knollwood Cemetery Ass'n (1986), 33 Ohio App.3d 31, 514 N.E.2d 430.
See, also, Chesher v. Neyer (S.D. Ohio 2005), 392 F. Supp.2d 939, 953 (citing Carney for the proposition that Ohio courts permits "recovery for negligent infliction of emotional distress" for interference with a dead body).