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GRIFFIN THOMAS 10/26/2012

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AMJUR PP CORONERS, 28. Complaint, petition, or..., 7B Am. Jur. Pl. & Pr....
2012 Thomson Reuters. No claim to original U.S. Government Works. 1
7B Am. Jur. Pl. & Pr. Forms Coroners or Medical Examiners 28
American Jurisprudence Pleading and Practice Forms Annotated
Database updated October 2012
Coroners or Medical Examiners
IV. Liability of Coroner or Medical Examined; Injunctive Relief
Topic Summary Correlation Table
28. Complaint, petition, or declarationAgainst coroner or medical examinerNegligent infliction of
emotional distressFailure of official to carry out statutory dutiesNegligent identification of remains
[Caption, see 26]
COMPLAINT
Plaintiff,
[name of plaintiff]
, alleges:
1. Plaintiff,
[name of plaintiff]
, is now, and at all times relevant to this action was, a resident of
[name of city]
,
[name of county]
,
[name of state]
, residing at
[address of plaintiff]
,
[name of city]
,
[name of county]
,
[name of state]
, and is the
[statement of relationship]
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of
[name of decedent]
, deceased, an infant, and the person under law having the right and duty of burying the body of the above-mentioned
[name of decedent]
.
2. Defendant
[
[name of coroner]
/
[name of medical examiner]
]
, here referred to as defendant
[
[name of coroner]
/
[name of medical examiner]
]
, is now, and at all times relevant to this action was, the
[coroner/medical examiner]
of
[name of county]
,
[name of state]
.
3. Defendant County of
[name of county]
, here referred to a defendant county, is now, and at all times relevant to this action was, a political subdivision of the State of
[name of state]
, maintaining administrative offices in
[name of city]
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,
[name of state]
, and was the employer of defendant coroner.
4. On
[date of claim]
, within
[number of days]
days after the claim that is the subject matter of this action arose, plaintiff caused a written notice of claim to be served on
defendant county by delivering a copy of the claim to the clerk of the
[name of board of supervisors]
of defendant county at defendant county's administrative offices in
[name of city]
,
[name of state]
, in compliance with
[citation of statute pertaining to claims against governmental entities]
. At least
[number of days]
days have elapsed prior to the commencement of this action since the above-mentioned notice of claim was presented to
defendant county for adjustment or payment, and adjustment or payment of plaintiff's claim has been neglected or refused.
5. This action has been commenced within
[period of time]
after the happening of the events on which plaintiff's claims are based.
6. The amount of damages sought in this action exceeds the jurisdictional limits of all lower courts that would otherwise have
jurisdiction.
7. On
[date of occurrence]
, at approximately
[time of occurrence]
, a fire occurred at the premises owned and occupied by plaintiff, plaintiff's
[husband/wife]
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,
[name of spouse]
, and their infant
[son/daughter]
,
[name of decedent]
. The premises consisted of a mobile home situated in a mobile home park located on
[name of road]
, near the
[town/city]
of
[
[name of town]
/
[name of city]
]
,
[name of county]
,
[name of state]
, at which mobile home park plaintiff and
[his/her]
family rented a space for their mobile home.
8. Plaintiff is informed and believes, and on the basis of such information and belief alleges, that the above-mentioned fire
caused the deaths of plaintiff's
[husband/wife]
,
[name of spouse]
, and their infant
[son/daughter]
,
[name of decedent]
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.
9. Police and fire officials of defendant county who responded to the above-mentioned fire extinguished the blaze and
subsequently conducted a search at the site for any survivors of the fire or their remains. During the course of such search,
plaintiff advised police and fire officials that plaintiff and
[his/her]
family had a pet rabbit, which, plaintiff further advised such officials, was present at the time the fire broke out.
10. Plaintiff is informed and believes, and on the basis of such information and belief alleges, that at approximately
[time of advise]
on
[date of advise]
, defendant
[
[name of coroner]
/
[name of medical examiner]
]
was advised by police or fire officials of defendant county at the scene of the fire that remains of individuals who had died in
the above-mentioned fire had been located.
11. Pursuant to
[citation of statute]
, defendant
[
[name of coroner]
/
[name of medical examiner]
]
, as
[coroner/medical examiner]
of the county in which the above-mentioned fire occurred resulting in human death, was required to travel at once to the site
of the above-mentioned fire where bodies were located and to take charge of such bodies for the purpose of conducting an
investigation of the death of the person(s) dying within
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[name of county]
, which death was caused by a casualty.
12. Plaintiff is informed and believes, and on the basis of such information and belief alleges, that defendant
[
[name of coroner]
/
[name of medical examiner]
]
willfully failed and refused to travel at once to the site of the above-mentioned fire where the bodies were located and also
failed and refused to take charge of such bodies for the purpose of conducting an investigation of the death of the person(s)
dying within
[name of county]
, which death was caused by a casualty.
13. Plaintiff is informed and believes, and on the basis of such information and belief alleges, that defendant
[
[name of coroner]
/
[name of medical examiner]
]
, without first viewing the remains as found at the site of the above-mentioned fire, unlawfully directed that the remains located
at the site be removed by employees of a local funeral home to
[name of hospital]
for purposes of identification.
14. Plaintiff is informed and believes, and on the basis of such information and belief alleges, that at approximately
[time of call]
on
[date of call]
, defendant
[
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[name of coroner]
/
[name of medical examiner]
]
contacted the investigators at the scene of the above-mentioned fire and advised such investigators that
[he/she]
had identified the remains delivered to
[name of funeral home]
, and that the remains recovered were in fact the remains of plaintiff's
[husband/wife]
,
[name of spouse]
, and plaintiff's infant
[son/daughter]
,
[name of decedent]
, and that they had died due to carbon monoxide asphyxiation.
15. Plaintiff is informed and believes, and on the basis of such information and belief alleges, that by reason of the identification
of plaintiff's
[husband/wife]
,
[name of spouse]
, and plaintiff's infant
[son/daughter]
,
[name of decedent]
, by defendant
[
[name of coroner]
/
[name of medical examiner]
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]
, the authorities at the scene of the above-mentioned fire terminated any further search of the site.
16. On
[date of receipt]
, while plaintiff was receiving treatment at
[name of hospital]
, plaintiff communicated personally with defendant
[
[name of coroner]
/
[name of medical examiner]
]
, who informed plaintiff that defendant
[
[name of coroner]
/
[name of medical examiner]
]
had identified the remains recovered at the scene of the above-mentioned fire as those of plaintiff's
[husband/wife]
,
[name of spouse]
, and plaintiff's infant
[son/daughter]
,
[name of decedent]
, and that they had died due to carbon monoxide asphyxiation.
17. On or about
[date of occurrence of fire]
, some
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[number of days]
days after the above-mentioned fire, plaintiff located the remains of plaintiff's infant
[son/daughter]
,
[name of decedent]
, within the burned-out mobile home, which remains had been exposed to the elements and were mangled and disemboweled
by animals.
18. Defendants were careless, reckless, negligent, grossly negligent and exhibited willful and wanton behavior in failing to
properly execute and perform the duties of
[coroner/medical examiner]
in and for the County of
[name of county]
as follows:
A. Defendant
[
[name of coroner]
/
[name of medical examiner]
]
failed, refused and neglected to appear at the premises of plaintiff at
[location of premises]
, for the purpose of taking charge of the bodies located at such premises pursuant to the investigation of a fire that had occurred
on or about
[date of occurrence]
, all in violation of
[citation of statute]
.
B. Defendant
[
[name of coroner]
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/
[name of medical examiner]
]
unlawfully directed that the remains located at the premises of plaintiff be removed by employees of a local funeral home to
[name of hospital]
without first viewing such remains as found, all in violation of
[citation of statute]
.
C. Defendant
[
[name of coroner]
/
[name of medical examiner]
]
failed, refused and neglected to conduct a proper investigation into the identity of the remains recovered from the above-
mentioned fire scene, all in violation of
[citation of statute]
.
D. Defendant
[
[name of coroner]
/
[name of medical examiner]
]
negligently and improperly identified the remains recovered by the fire investigators from the above-mentioned fire scene as
the remains as the remains of plaintiff's infant
[son/daughter]
,
[name of decedent]
, when in fact the remains were those of an animal, namely plaintiff's pet
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[type of pet]
, and not the remains of plaintiff's infant
[son/daughter]
,
[name of decedent]
.
E. The negligence and impropriety attributable to defendants resulted in the remains of an animal being cremated and interred
with the remains of plaintiff's
[husband/wife]
,
[name of spouse]
.
19. At all times mentioned in this
[complaint/petition/declaration]
, defendant
[
[name of coroner]
/
[name of medical examiner]
]
was acting within the course and scope of
[his/her]
employment as
[coroner/medical examiner]
as governed by the provisions of
[citation of statute]
, and was acting for and on behalf of defendant county.
20. As a result of the failure of defendant
[
[name of coroner]
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/
[name of medical examiner]
]
to carry out
[his/her]
statutory duty in failing to respond to the above-mentioned fire scene,
[his/her]
subsequent misidentification of the remains of a pet rabbit as those of plaintiff's infant
[son/daughter]
,
[name of decedent]
, and
[his/her]
communication of that misinformation to plaintiff, a special duty under
[citation of statute]
was owed to plaintiff by defendants, which special duty was breached by defendants.
21. The actions of defendant
[
[name of coroner]
/
[name of medical examiner]
]
are subject to
[citation of statute]
, which requires that a
[coroner/medical examiner]
go to the place where the body is and take charge of it when a death occurs. A
[coroner/medical examiner]
is further required by
[citation of statute]
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to fully investigate the facts relative to the death and before leaving the premises to writing down the names and addresses of
the witnesses to the event. Plaintiff respectfully avers that such duties are ministerial in nature and not discretionary, and are
required to be performed pursuant to the terms of
[citation of statute]
. The decision of defendant
[
[name of coroner]
/
[name of medical examiner]
]
not to travel to the scene of the above-mentioned fire was a violation of a mandated ministerial responsibility.
22. Defendant county is responsible for the acts of defendant
[
[name of coroner]
/
[name of medical examiner]
]
, for
[his/her]
negligence, gross negligence and wanton and reckless behavior in connection with the above-described fire investigation.
23. As a result of the negligence, gross negligence and wrongful and willful acts attributable to defendants, plaintiff was
prevented from obtaining immediate possession of the remains of plaintiff's infant
[son/daughter]
,
[name of decedent]
, and from interring such remains for a period of approximately
[number of days]
days, all of which plaintiff was entitled to under law.
24. As a result of the negligence, gross negligence and wrongful and willful acts attributable to defendants, plaintiff was
prevented from protecting the body of plaintiff's infant
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[son/daughter]
,
[name of decedent]
, against damage from the elements, mutilation and indignities pending burial, all of which plaintiff was entitled to under law.
25. As a result of the negligence, gross negligence and wrongful and willful acts attributable to defendants, plaintiff was shocked,
distressed and wounded, and has suffered great mental pain, anguish, distress of mind and nervous shock of such a severe and
debilitating nature that plaintiff's life is profoundly disturbed and plaintiff is so nervous and emotionally damaged by
[his/her]
pain and suffering that
[his/her]
day-to-day functions as a human being are disrupted and greatly damaged.
26. Plaintiff is informed and believes, and on the basis of such information and belief alleges, that plaintiff will continue to suffer
mental distress and pain and anguish as a result of the negligence, gross negligence and wrongful and willful acts attributable
to defendants, and such condition is expected to continue for the rest of plaintiff's life.
Plaintiff requests judgment against defendants, jointly and severally, for:
1. Compensatory damages in an amount to be determined at time of trial;
2. Punitive damages in an amount to be determined at time of trial;
3. Costs and disbursements of this action; and
4. Such other and further relief as the court deems just and proper.
Dated: [date of complaint]
_____________ [Name of plaintiff]
[Verification, see
Am. Jur. Pleading and Practice Forms, Captions, Prayers, and Formal Parts 1 et seq.
]
Notes
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Practice Notes
The pleading set forth above is based on the complaint filed in the New York case of Rotondo v. Reeves, 192 A.D.2d 1086, 596
N.Y.S.2d 272 (4th Dep't 1993), cited in Am. Jur. 2d, Coroners or Medical Examiners 4, provided by Louis J. Micca, Esq.,
of Hodgson, Russ, Andrews, Woods & Goodyear, and Steven E. Malone, Esq., cocounsel. In that case, it was held that neither
the coroner nor the county were immune from an action brought by relatives of a child killed in a fire for emotional injuries
sustained due to misidentification of the remains of a pet rabbit as those of the child since (1) a special duty to relatives existed
where the coroner failed to carry out his statutory duty to respond to the fire scene, he later misidentified the remains, and he
communicated his misidentification to the relatives, and (2) statutory provisions governing the duties of the coroner required,
at least in part, ministerial, rather than discretionary, acts.
Legal Encyclopedias
Am. Jur. 2d, Coroners or Medical Examiners 4, 5
Am. Jur. 2d, Municipal, County, School, and State Tort Liability 67 et seq.
Am. Jur. 2d, Municipal, County, School, and State Tort Liability 102 et seq.
End of Document 2012 Thomson Reuters. No claim to original U.S. Government Works.

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