PRINCETON – A Princeton man says a local funeral home failed to properly preserve his mother’s body before a planned burial.
The funeral home, in turn, blames another funeral home and has filed a third-party suit against it.
William Bostic filed his complaint in Mercer Circuit Court against Roselawn Acquisition Group LLC doing business as Roselawn Cemetery and Roselawn Funeral Home.
According to the complaint, Bostic’s mother Belva Bostic died at the age of 90 on September 22, 2019, at a nursing home in Bluefield. The family had entered into a preneed agreement with the defendant in 2018. The body of Belva Bostic was to be cremated at a cost of $1,591.93.
When Belva Bostic died, William’s wife was in the hospital about to give birth to a baby. She was scheduled to be induced early the next day. So, he called Roseland funeral director Chris Ellis to schedule a funeral service because the family wanted to have one before her cremation.
William Bostic says Ellis told him the body could be refrigerated to prevent deterioration and decomposition for at least two weeks. But the funeral home’s refrigeration system was broken, so they’d take her body to Mercer Funeral Home of Bluefield and Mercer Funeral Home and Crematory, a partnering funeral home, for refrigeration.
Bostic says he went to the funeral home later on September 22 and had a private viewing of his mother’s body. He says the body showed no signs of decomposition and no odor was present.
The plan was to have the funeral service on September 28 or 29.
On September 23, after his wife had given birth to their baby, Bostic talked to Ellis on the phone. Ellis informed him he had failed to transport the body to Mercer Funeral Home for refrigeration.
“Ellis, who gave no reason or explanation for his failure to transport the body of Belva Bostic for refrigeration, as he had promised to do, told plaintiff that the body had been left at room temperature for over 30 hours, that it was badly deteriorated and that immediate cremation of the remains was necessary,” the complaint states.
Bostic gave permission for immediate cremation.
“Ellis reitereated … he had failed to transport Belva Bostic’s body to the partnering funeral home for refrigeration,” the complaint states. “That the body was so badly decomposed, no funeral service could be held; and finally, that immediate cremation of the remains was imperative.”
Bostic and his sister requested permission to view the remains before cremation.
They “chose to view their mother’s body because they wanted an opportunity to say goodbye to her privately, prior to cremation,” the complaint states. “The body of Belva Bostic was badly decomposed, and extremely bloated with a foul, putrid odor emanating therefrom.”
The body was cremated September 25, and a brief service with her ashes was held September 29.
Bostic accuses the defendant of negligence, negligent infliction of emotional distress, intentional infliction of emotional distress and breach of contract. He seeks compensatory damages for the severe mental anguish and emotional distress caused by the actions of the defendant. He also seeks punitive damages, court costs and other relief.
Roselawn added Mercer as a third-party defendant in a January 7 filing.
“Even though defendant Mercer was aware of the poor condition of Ms. Bostic’s remains, it inexplicably and without Roselawn’s authorization allowed plaintiff and/or Ms. Bostic’s other family members to view her remains prior to cremation,” the third-party complaint states. “Defendant Mercer permitted family members to take pictures of Belva Bostic’s remains while her body was in possession and care of defendant Mercer prior to cremation. …
“As a … result of defendant Mercer’s unauthorized, unilateral decision to allow the family of Belva Bostic to view and photograph her remains prior to cremation, defendant Mercer caused the injuries alleged by plaintiff to the extent that plaintiff’s claims have merit and caused injury to Roselawn.”
Roselawn accuses Mercer of implied indemnity and contribution. It seeks judgment against Mercer as well as damages and costs incurred defending the Bostic complaint.
Bostic is being represented by Wayne L. Evans of Katz Kantor Stonestreet & Buckner in Princeton. Roselawn is represented by Shawn Morgan and Garrett Spiker of Steptoe & Johnson’s Bridgeport office.
The case has been assigned to Circuit Judge William Sadler.
Mercer Circuit Court case number 21-C-186