Plaintiff sued Defendant alleging interference with her right to possession of the remains of her deceased son after Defendant’s employees did not tag the body and mistakenly transferred possession of the body in place of someone else. Court erred in granting Defendant’s motion to dismiss under section 2-619 of the Code of Civil Procedure (“Code”), because Defendants failed to assert an affirmative matter to defeat plaintiff’s claims. Court also erred in granting Defendant’s motion to dismiss under section 2-615 of the Code. A cause of action exists for negligent interference with the right to possession of a decedent’s body by the next of kin without circumstances of aggravation. Plaintiff sufficiently alleged negligent conduct by alleging facts showing that Defendant failed to follow policy and, as a result, misidentified decedent’s body and mistakenly released it. (HOLDER WHITE and APPLETON, concurring.)
Illinois Appellate Court
Civil Court
Negligent Interference with the Right to Possession of a Decedent’s Body