Coley v. Bradshaw & Range Funeral Home, P.C.

Illinois Appellate Court
Civil Court
Negligence
Citation
Case Number: 
2020 IL App (2d) 190627
Decision Date: 
Monday, December 21, 2020
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
BRIDGES

Court properly dismissed Plaintiff's claim for negligent interference with his right to the possession of his deceased daughter's remains. Court properly found that Section 45 of the Disposition of Remains Act shielded Defendant funeral home from liability. Defendant sufficiently established that it carried out the instructions of decedent's maternal grandfather, who represented that he was entitled to control the disposition of decedent's remains, that the decedent's body be cremated. The Act does not require Defendant to show that it reasonably relied on those instructions. (JORGENSEN and BRENNAN, concurring.)