Court overturns ruling on lawsuit against Bayview Crematory

SEABROOK — The state Supreme Court has overturned a lower court ruling allowing a class-action lawsuit on one of the counts against funeral homes that used the Bayview Crematory in Seabrook.

By Susan Morse SEABROOK — The state Supreme Court has overturned a lower court ruling allowing a class-action lawsuit on one of the counts against funeral homes that used the Bayview Crematory in Seabrook.

Wednesday’s ruling means the families suing Bayview and the funeral homes will bring their lawsuits individually, according to attorney David Charlip, lead counsel in the case from the Charlip Law Group in Hollywood, Fla.

There is one count remaining that may be able to be brought as a class action, said Charlip.

“The class action aspects of the lower court’s judge’s order was reversed as it relates to one of the counts,” Charlip said on Thursday. “The question remains whether we can move forward with the second of intentional and reckless infliction of emotional distress.”

The state Supreme Court threw out the class action aspect of negligent infliction of emotional distress, Charlip said. The difference between the count remaining and the one thrown out is that the character of conduct for reckless infliction must be seen as more outrageous than in the negligent count, he said…

Read the entire article here.

Originally posted on Aug 10, 2007 at 2:00 AM
By Susan Morse SEABROOK. Here

— Information from The Associated Press was used in this story.