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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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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

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  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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