Rader Funeral Home, Inc. v. Chavira
Rader Funeral Home, Inc. v. Chavira
Opinion of the Court
Appellant Rader Funeral Home, Inc. appeals an award of damages against it for negligent infliction of emotional distress. In a single issue, Appellant asserts that it owed no duty of care to Appellees because Texas law requires a "special relationship" between parties as a prerequisite for recovery of mental anguish damages, and Appellees offer no evidence or insufficient evidence of the required special relationship. We affirm.
BACKGROUND
This case presents the question of what is required under Texas law for a plaintiff to recover for negligent infliction of emotional distress where a funeral home delivered the wrong body for a service. In January 2015, Roberto Chavira-the husband of Appellee Claudia Chavira and son of Appellee Lorenzo Chavira-was killed in a car accident near Kilgore, Texas. Mauricio Cardoza, who was in the vehicle with Roberto, was also killed. In accordance with normal procedure for a fatal car wreck, the dispatcher for the Gray County Sheriff's Department called Appellant Rader Funeral Home to pick up the two bodies at the scene. Two of Rader's employees arrived at the scene, picked up the two bodies, and returned them to Rader's facility in Gregg County. Law enforcement *12contacted Roberto's father Lorenzo, who lives in San Elizario, Texas, to tell him what had happened. Later that day, Lorenzo broke the news to Claudia and took on the responsibilities of the funeral himself.
After having learned that his son's body was at Rader's facility, Lorenzo contacted a local funeral home, Socorro Funeral Home, to provide his son's funeral services. Since Lorenzo did not speak fluent English, he requested that Socorro contact Rader to determine what needed to be done to transport his son's body to El Paso, and from there to Socorro. Socorro's funeral director, Roel Martinez, called Rader and confirmed that Roberto's body was at their facility. Roel had Lorenzo come in to discuss the details of getting Roberto's body back to El Paso for the funeral services. During this meeting, Roel called Rader so he and Lorenzo could coordinate the shipping of Roberto's body in time for the funeral services. Rader said they could schedule the transportation of the body by air so it would arrive in El Paso and be picked up by Socorro employees there. Rader noted, however, that a $1,967 payment would be due immediately for the removal, embalming, and transportation services. Lorenzo then read his debit-card number to Roel, who in turn repeated it to Rader so they could process the payment.
On the day the remains were scheduled to arrive at the airport, Socorro received a body labeled Roberto Chavira and took it to their facility to begin the process of preparing the body for burial. A wake was scheduled for that evening, at which nearly 200 friends and family members were in attendance. Before the service started, Roel's wife escorted Lorenzo and Claudia to a small chapel in the back of the funeral home to preview the body. When the casket was opened, the Chaviras were shocked to find the body of Mauricio Cardoza, the other car-accident victim. Roel called Rader immediately to confirm that the other body from the accident was still at Rader's facility. They confirmed it was and sent a picture of the body via text message to Roel's phone. Lorenzo acknowledged the picture was of his son, and Rader arranged to drive the body overnight from Kilgore to San Elizario. Forced to cancel the wake, the Chaviras had an expedited funeral service the next day.
Lorenzo and Claudia filed suit against Rader and Socorro on March 10, 2015, claiming damages for negligent infliction of emotional distress. Their pleadings alleged, among other things, that:
7.2 The funeral directors of Defendant RADER FUNERAL HOME, INC. owed Plaintiffs and the minor son of the deceased, the immediate family of Roberto Chavira, the duty to exercise that degree of care a reasonably prudent funeral director would have exercised in the same or similar circumstances, with respect to matters incidental to the professional services provided by Defendant RADER FUNERAL HOME, INC.
7.3 The funeral directors of Defendant RADER FUNERAL HOME, INC. breached this duty in one or more of the following ways:
7.3.1. by misidentifying or failing to verify the identity of the remains of Roberto Chavira or Mauricio Cardoza,
...
7.3.4. shipping the remains of Mauricio Cardoza to Defendant SOCORRO FUNERAL HOME for the funeral services of Roberto Chavira, and
...
8.2 Defendants and Plaintiff LORENZO CHAVIRA had a valid, enforceable contract for which Plaintiff LORENZO CHAVIRA agreed to pay and did pay valuable consideration.
*13...
8.4 The funeral directors of Defendant RADER FUNERAL HOME, INC. had a duty imposed by common law to perform its contractual obligations with that degree of care a reasonably prudent person would have exercised in the same or similar circumstances.
...
9.1 At all relevant times, Defendants occupied a special relationship with Plaintiffs and the minor child, because Defendants handled the remains of their loved one, Roberto Chavira, deceased.
Rader filed a motion for summary judgment, asserting that it had no duty as a matter of law to avoid negligently inflicting emotional distress because it did not have a relationship with the Chaviras, contractual or otherwise, as required under Texas law to recover for mental anguish damages. The trial court denied the motion and the case went to trial in April 2017.
DISCUSSION
Whether the Chaviras actually suffered mental anguish is not in dispute here. Appellant's issue centers on the contention that a "special relationship" is required to recover emotional distress damages under Texas law, and it argues that based on the facts of this case that special relationship did not exist between itself and Appellees. Without the special relationship, Appellant contends, it owed no duty to Appellees and they cannot recover against it for negligent infliction of emotional distress. We construe Appellant's argument as a legal sufficiency challenge on the issue of whether a special relationship existed between the parties.
Standard of Review
In a legal sufficiency challenge, the party challenging the adverse finding must demonstrate on appeal that no evidence supports the vital fact at issue. Graham Cent. Station, Inc. v. Pena ,
Analysis
There is no general legal duty in Texas to avoid negligently inflicting emotional distress. Boyles v. Kerr ,
Six years later, the Supreme Court specifically overruled its holding in St. Elizabeth Hospital to the extent it created a general duty to not inflict reasonably foreseeable emotional distress. In Boyles v. Kerr , the court reviewed an award of damages for negligent infliction of emotional distress where the appellant had secretly videotaped himself and the appellee engaging in sexual intercourse. Boyles v. Kerr ,
The test for what circumstances would qualify a plaintiff to recover for negligent infliction of emotional distress was further refined a few years later in City of Tyler v. Likes . In Likes , the Texas Supreme Court addressed the issue of whether a plaintiff could recover from a city for mental anguish resulting from her house being flooded by a negligently installed drainage channel absent a special relationship or actual malice on the city's part. City of Tyler v. Likes ,
Turning to the case at hand, Appellant asserts the prior decisions show a special relationship between it and Appellees is a prerequisite for the latter to recover for negligent infliction of emotional distress. Appellant further contends that based on Likes and other cases, the only way for a special relationship to have formed here was through privity of contract, and that privity of contract between it and Appellees was clearly absent. To support this contention, it points out that at the time of the transaction its employee was on the phone with Roel Martinez of Socorro, not Lorenzo Chavira, and that other than the payment from Lorenzo's debit card, it had no other contact with the Chaviras whatsoever. Appellant further points out its service receipt from the transaction lists "Roel Martinez/Socorro Funeral Home" as the buyer of the services, not Lorenzo or Claudia Chavira. Conversely, Appellees argue Roel was acting as interpreter for Lorenzo and Rader understood it was providing services for Lorenzo, and thus contracting with him, as evidenced by the phone discussion and payment with his debit card. Appellees further contend the law does not require contractual privity but that a contractual relationship is merely a factor to be considered in determining the foreseeability of emotional distress damages.
As the parties point out, there has been a split of authority in our sister courts on whether contractual privity is required to form the special relationship permitting a next of kin to sue for negligent infliction of emotional distress for negligence involving a decedent's body. Appellant cites Lions Eye Bank of Texas v. Perry , a Houston *16case explicitly holding a contractual relationship between the parties is a necessary element to form the requisite special relationship. Lions Eye Bank of Texas v. Perry ,
The Texas Supreme Court recently resolved this split with its decision in Nelson . SCI Texas Funeral Services v. Nelson , No. 16-0297,
Turning to our facts, Rader took possession of Roberto's remains from the scene of the accident, stored and embalmed the body, was paid to transport the body across the state for the funeral, and delivered the wrong body. This denied the Chaviras the opportunity to have a wake for their son and husband with his family and friends. Under the holding in Nelson , a special relationship existed between Rader and the Chaviras when Rader assumed responsibility for disposing of Roberto's remains. Nelson ,
CONCLUSION
Having overruled Appellant's only issue, the judgment of the trial court is affirmed.
Appellees settled with Socorro prior to trial and dismissed their claims against it.
The trial court ultimately reduced the award by the amounts attributable to the settlement with Socorro, and awarded Claudia $288,000 and Lorenzo $192,000 in its final judgment.
In a concurring opinion, Justice Gonzalez asserted that the reason appellees attorneys proceeded only on the claim of negligent infliction of emotional distress, when they had also initially claimed intentional infliction of emotional distress and invasion of privacy, was because Texas homeowners policies only cover negligent acts and exclude intentional torts; thus, the underlying issue in the case was the search for a "deep pocket." Boyles ,
The Supreme Court granted review in this case and heard oral argument on December 6, 2017. http://www.txcourts.gov.
Pat H. Foley & Co. v. Wyatt ,
The Nelson court also noted that having concluded the common law gave Nelson the right to recover mental anguish damages, it did "need not consider his argument that Section 711.002 of the Health and Safety Code creates a special relationship between the person disposing of a decedent's remains and the person with the superior right to control that disposition." Nelson ,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.