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Judges send teen’s emotional distress case back to trial court

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The Indianapolis teenager who saw his deceased mother’s remains being dragged out of their apartment on a mattress because she was extremely obese will have his claim for damages for intentional infliction of emotional distress against the coroner and city heard by the trial court.

In May 2009, then-13-year-old D.J. lived with his mother, Teresa Smith, and father, David Johnson Sr., in an apartment. Due to her weight, Smith was bedridden. D.J. called 911 after Johnson found Smith unresponsive. Police arrived and declared her dead. D.J. left the apartment at that time, but he later watched men drag Smith’s body out on the mattress, covered in a sheet, because the mortuary employees who were contracted by the coroner’s office mistakenly believed they didn’t have equipment that could transport her to the coroner’s office. A dirty carpet was tossed over her body on the back of the truck.

After contacting the coroner’s office and receiving instructions, the deputy coroner on the scene instructed Smith’s body be transported by a tow truck. Chief Deputy Coroner Alfarena Ballew, after being contacted by the deputy coroner about how to handle the transportation, did not look into whether Digger Mortuary Services could transport the body. She later discovered Digger had the equipment to do so.

D.J. filed a complaint in 2010, seeking damages for negligent and intentional infliction of emotional distress over the incident. The coroner’s office and city of Indianapolis sought summary judgment, which the trial court granted. The judge ruled the governmental actors were entitled to the law enforcement immunity pursuant to the Indiana Tort Claims Act.

The Court of Appeals reversed in part, finding the coroner’s office’s conduct in following its own rules does not fall within the definition of enforcement for purpose of immunity under the Act. By transporting Smith’s body to the office, the deputy coroner on scene was not compelling enforcement of a law against another person, but just following the law to enable a more detailed investigation, wrote Judge Patricia Riley.

The judges found that summary judgment was appropriate for the city and coroner’s office on D.J.’s claim for negligent infliction of emotional distress, but they found a genuine issue of fact regarding his claim for intentional infliction of emotional distress. The question remains whether the coroner’s office’s conduct is so outrageous that it satisfies the reckless element of the tort.

“The Coroner’s Office conduct may have been reckless, disrespectful, and offensive but reasonable persons may differ on whether this conduct reaches the level of extreme and outrageous necessary to satisfy the tort,” she wrote.

 

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  • Is civility & common sense dead in Marion County?
    One wonders why the cornoner not rent a dead animal truck to haul the decedent? The question of anumus seems to be a fact question in both theories. Who trained the police and/or coroner to disregard basic courtesy. If the courts offer no relief, then the issue should be submitted to the voters. Were funeral home standards met in this case?

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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