Supreme Court of Alabama, 2004

Sci Alabama Funeral Services, Inc. v. Beauchamp

Supreme Court of Alabama · Decided May 21, 2004 · Johnstone, Houston, Lyons, Brown, Harwood, Woodall, Stuart, See

893 So. 2d 352; 2004 Ala. LEXIS 130; 2004 WL 1126229 (Southern Reporter, Second Series)

Opinion of the Court

JOHNSTONE, Justice.

AFFIRMED. NO OPINION.*

See Rule 53(a)(1) and (a)(2)(B) and (F), Ala. R.App. P.

HOUSTON, LYONS, BROWN, HARWOOD, WOODALL, and STUART JJ., concur. SEE, J., concurs in part and dissents in part.

Note from the reporter of decisions: A cross-appeal, case no. 1012229, was filed in this case, styled "Nell Beauchamp, individually and as executrix of the estate of Minnie Rae Cauthen, deceased; and Myrtle Srygley v. SCI Alabama Funeral Services, Inc., d/b/a Rid-out's-Brown Service Chapels.” The judgment in the cross-appeal was also affirmed without opinion on May 21, 2004. That action will appear in a table of decisions without opinions.

Concurring in Part

SEE, Justice

(concurring in part and dissenting in part).

I concur in affirming the judgment of the trial court as to the negligence and the wantonness claims of the plaintiffs, Nell Beauchamp and Myrtice Srygley, and as to the amount of the compensatory damages awarded them. However, I dissent from the affirmance of the trial court’s holding that the conduct of the defendant, SCI Alabama Funeral Services, Inc., satisfies the elements of the tort of outrage. I also dissent from the affirmance of the punitive-damages award, which I consider to be excessive.

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