Sandra Magro filed suit against Davis Funeral Home and Alderwods Cemetery in Clark County district court on September 15 claiming that the defendants buried her sister atop Magro’s husband’s remains, then concealed the error.
Magro purchased three adjacent plots in the Paradise Memorial Gardens Cemetery long ago, intending to have Magro and her husband share a plot with mother and sister to the side. The mother passed in 1992 and was buried properly, as was Margo’s husband in 1996. However, when Magro’s sister passed away in 1999, Magro alleges that the Davis Funeral Home and Memorial Park buried the sister in the plot with the husband.
They might not have ever discovered the error except that they requested that Magro’s brother, Michael, share a plot with the sister. The sister, of course, was not where she belonged.
At this point it is alleged that Davis Funeral Home made efforts to conceal that the sister was buried in the wrong location and even went so far as to remove the headstone from the grave of the husband. Additionally, Magro reports that a representative visited her home to persuade her to not follow through with her intentions. At that point, Magro says she confronted the representative about the missing headstone, at which point the representative said that the headstone never existed.
After some additional pressure, Magro says that the representative confessed to the mix up and attempted to get a liability release in exchange for a free burial for the brother and a correction of the mistake with the sister’s remains. When she refused, the lawsuit says that “Without Sandra signing the waiver, Davis refused to bury Michael Varone [the brother] and his corpse remained without a grave at the Davis facility for several months until his body was finally retrieved by Clark County officials. Against Michael’s wishes to be buried instead of cremated, Michael’s remains were cremated and interred away from the rest of his family members…”
Magro is suing for negligence, infliction of emotional distress, elder abuse, and exploitation, and is seeking punitive damages in addition to fees and costs.
The full complaint is viewable Here
It will be interesting to see how this case shakes out, and if any proof of mistakes is forthcoming.