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WEST VIRGINIA RECORD

Thursday, March 28, 2024

Widow sues cemetery, alleges breach of contract

Lawsuits
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LOGAN — A surviving spouse is suing a cemetery, citing alleged breach of contract and fraudulent misrepresentation.

Sandra K. Davis, administrator of the estate of Larry D. Davis, filed a complaint in Logan Circuit Court against Cornerstone Family Services of West Virginia, LLC d/b/a Highland Memory Gardens, et al. alleging they breached their nondelegable duty to handle her husband's remains in a respectful and appropriate manner as agreed in the contract.

According to the complaint, on May 28, 2018, Larry Davis died, and his funeral took place on June 2, 2018. Based on the contracts with the defendants, the decedent's wife and family planned a graveside ceremony, and the defendants were contractually obligated to dig the grave prior to the ceremony. 

However, the plaintiff claims she was informed by the defendants they were unable to dig a grave for her husband's remains, and they did not provide a justifiable reason why they were canceling the post-funeral graveside service. 

As a result, the service did not constitute a proper burial and graveside ceremony in accordance with the plaintiff's religion, the decedent's last wishes and the contract. 

Sandra Davis alleges the defendants failed to properly care for Larry Davis's remains and interfered with her right to a proper disposal of the body.

The plaintiff requests a trial by jury and seeks judgment for injuries and damages sustained, plus attorney's fees, pre and post-judgment interest and for such other relief as the Court deems fit and proper. She is represented by Jeff D. Stewart, Andrew L. Paternostro and S. Andrew Stonestreet of Stewart | Bell PLLC in Charleston.

Logan Circuit Court Case number 18-C-254

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