Does New Jersey recognize a cause of action for violating the right of sepulcher where the remains are buried in the wrong grave?The burial association buried the remains in another person's grave - the names were similiar. No the wife can't be buried next to the deceased husband and the family is against exhumation. Does Jersey recognize the claim?
There may be a cause of action for the mishandling the remains. You speak to an attorney. more details are needed.
I am licensed in Nevada, but this answer should be applicable in New Jersey as well.
You should speak to an experienced personal injury lawyer about a case for negligent or intentional infliction of emotional distress. In those cases, the funeral home (or society) could be liable for the mishandling of the body which could forseeably lead to emotional distress for the decedent's family. You can check out this site for similar cases in various jurisdictions: http://www.jvra.com/verdict_trak/professional.aspx?search=929.
I tried to find information specific to your question, but could not find any cases specific to a right of sepulchre in New Jersey.
Hope this helps.
/s Donald Kudler
This answer does not create an attorney client relationship and does not constitute legal advice, but is solely the opinion of a Nevada Attorney.
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