The New York Personal Injury Blog

Family Sues for Missing Remains at Woodlawn Cemetery?

Family members of Elizabeth Delfini are planning to sue Woodlawn Cemetery for allegedly misplacing her remains. The Woodlawn Cemetery lawsuit would seek damages for the missing remains as the family now has nowhere to go to pay its respects.

Delfini was 88-years-old when she died in February, reports CBS. Her family took her ashes to the Bronx cemetery so that she could be interred next to her husband with a stone tabled inscribed in both their names.

The cemetery told the family that the interment and inscription would be ready in about eight weeks. However, when Delfini's son came to visit in the summer, he found only a piece of plywood where the stone tablet should have been, reports CBS.

The incomplete stone tablet was later found in a shed on the cemetery. However, Delfini's ashes were never found.

Woodlawn Cemetery blames a thief for the missing remains, though police have no leads, reports CBS.

Regardless of whether Delfini's remains were misplaced or stolen, Woodlawn Cemetery could be liable for damages. The cemetery offers to care for the remains of loved ones and to properly place the remains so that family members can pay their respects. If the cemetery is careless in safekeeping the remains, the cemetery would probably be liable for the emotional trauma to family members.

Elizabeth Delfini was to be interred at Woodlawn Cemetery. Instead, her missing remains have led to a planned Woodlawn Cemetery lawsuit. Her legacy may be to ensure that such careless handling of remains is not repeated.

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