Family sues mortuary after man cremated by mistake

SEATTLE — A lawsuit was filed Tuesday by the family of a man who was cremated by mistake and whose casket contained another person — something relatives say they discovered when they opened the casket during the funeral.

Jerry Moon had prepaid Brown Mortuary Service $4,655 for his funeral services, according to a lawsuit filed in Lewis County Superior Court. His lawyer, Shawn Briggs, said Moon didn’t want to be cremated and arranged to be buried in a family plot in Chehalis.

The prepaid services also included embalming, a funeral and a graveside service.

When Moon died Oct. 13, 2013, at a hospice in Longview, the Dahl McVicker Funeral Home was responsible for transporting his body to the Brown Mortuary. No identification bracelet was placed on his body, and Moon’s bracelet was instead placed on another body, the lawsuit said.

The next day, when Moon’s widow, Janice Moon, and family members met with Brown Mortuary representatives, they were given a bill for $8,834.

When the casket was opened at the end of the Oct. 21, 2013, funeral, “guests were horrified by what appeared to be a plastic bag covering the head and face of the body in the casket,” the lawsuit said. When the bag was removed, family members discovered the body was not that of Jerry Moon.

Moon was 72 and bald. But the man in the casket was 97 and had a full head of hair, the lawsuit said.

Brown Mortuary initially said the body was Moon, but the company later said he had been cremated on Oct. 17, 2013, by mistake, according to the lawsuit. The mortuary later sent a $92.72 refund check to Janice Moon.

The mortuary is part of a funeral service chain owned by Texas-based Service Corporation International. Representative Kim Tarleton said Service Corporation International could not comment due to the pending litigation.

The lawsuit says the mortuary acted fraudulently and with malice in its handling of Jerry Moon’s body and conspired to cover-up the fact that Moon had been mistakenly cremated.

The family is seeking unspecified damages for emotional distress.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Traffic idles while waiting for the lights to change along 33rd Avenue West on Tuesday, April 2, 2024 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Lynnwood seeks solutions to Costco traffic boondoggle

Let’s take a look at the troublesome intersection of 33rd Avenue W and 30th Place W, as Lynnwood weighs options for better traffic flow.

A memorial with small gifts surrounded a utility pole with a photograph of Ariel Garcia at the corner of Alpine Drive and Vesper Drive ion Wednesday, April 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Death of Everett boy, 4, spurs questions over lack of Amber Alert

Local police and court authorities were reluctant to address some key questions, when asked by a Daily Herald reporter this week.

The new Amazon fulfillment center under construction along 172nd Street NE in Arlington, just south of Arlington Municipal Airport. (Chuck Taylor / The Herald) 20210708
Frito-Lay leases massive building at Marysville business park

The company will move next door to Tesla and occupy a 300,0000-square-foot building at the Marysville business park.

Police respond to a wrong way crash Thursday night on Highway 525 in Lynnwood after a police chase. (Photo provided by Washington State Department of Transportation)
Wrong-way driver booked for aggravated murder of Lynnwood woman, 83

The Kenmore man, 37, is accused of fleeing police, crashing into a GMC Yukon and killing Trudy Slanger on Highway 525.

A voter turns in a ballot on Tuesday, Feb. 13, 2024, outside the Snohomish County Courthouse in Everett, Washington. (Annie Barker / The Herald)
On fourth try, Arlington Heights voters overwhelmingly pass fire levy

Meanwhile, in another ballot that gave North County voters deja vu, Lakewood voters appeared to pass two levies for school funding.

Judge Whitney Rivera, who begins her appointment to Snohomish County Superior Court in May, stands in the Edmonds Municipal Court on Thursday, April 18, 2024, in Edmonds, Washington. (Ryan Berry / The Herald)
Judge thought her clerk ‘needed more challenge’; now, she’s her successor

Whitney Rivera will be the first judge of Pacific Islander descent to serve on the Snohomish County Superior Court bench.

In this Jan. 4, 2019 photo, workers and other officials gather outside the Sky Valley Education Center school in Monroe, Wash., before going inside to collect samples for testing. The samples were tested for PCBs, or polychlorinated biphenyls, as well as dioxins and furans. A lawsuit filed on behalf of several families and teachers claims that officials failed to adequately respond to PCBs, or polychlorinated biphenyls, in the school. (AP Photo/Ted S. Warren)
Judge halves $784M for women exposed to Monsanto chemicals at Monroe school

Monsanto lawyers argued “arbitrary and excessive” damages in the Sky Valley Education Center case “cannot withstand constitutional scrutiny.”

Mukilteo Police Chief Andy Illyn and the graphic he created. He is currently attending the 10-week FBI National Academy in Quantico, Virginia. (Photo provided by Andy Illyn)
Help wanted: Unicorns for ‘pure magic’ career with Mukilteo police

“There’s a whole population who would be amazing police officers” but never considered it, the police chief said.

Officers respond to a ferry traffic disturbance Tuesday after a woman in a motorhome threatened to drive off the dock, authorities said. (Photo provided by Mukilteo Police Department)
Everett woman disrupts ferry, threatens to drive motorhome into water

Police arrested the woman at the Mukilteo ferry terminal Tuesday morning after using pepper-ball rounds to get her out.

Bothell
Man gets 75 years for terrorizing exes in Bothell, Mukilteo

In 2021, Joseph Sims broke into his ex-girlfriend’s home in Bothell and assaulted her. He went on a crime spree from there.

Allan and Frances Peterson, a woodworker and artist respectively, stand in the door of the old horse stable they turned into Milkwood on Sunday, March 31, 2024, in Index, Washington. (Ryan Berry / The Herald)
Old horse stall in Index is mini art gallery in the boonies

Frances and Allan Peterson showcase their art. And where else you can buy a souvenir Index pillow or dish towel?

Providence Hospital in Everett at sunset Monday night on December 11, 2017. Officials Providence St. Joseph Health Ascension Health reportedly are discussing a merger that would create a chain of hospitals, including Providence Regional Medical Center Everett, plus clinics and medical care centers in 26 states spanning both coasts. (Kevin Clark / The Daily Herald)
Providence to pay $200M for illegal timekeeping and break practices

One of the lead plaintiffs in the “enormous” class-action lawsuit was Naomi Bennett, of Providence Regional Medical Center Everett.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.