Overturff v. Raddatz Funeral Services, Inc.

Summary

The Iowa Supreme Court affirmed summary judgment for a funeral services company in a widow's negligent infliction of emotional distress action arising from the cremation of her husband's remains. The court held that the applicable Iowa administrative rule authorized the decedent's attorney-in-fact for health care decisions to arrange the disposition, and therefore the funeral home did not violate the rule or owe the widow a duty based on it. The court did not decide whether a violation of funeral-director statutes or regulations could independently support such a claim without physical injury.

Holdings

1. Rule 645-100.1 did not impose a duty on Raddatz toward Marilyn because Vane, as the attorney-in-fact under a durable power of attorney for health care, had priority to arrange the final disposition of Jack's remains.
2. Because Raddatz owed Marilyn no duty under either contract or the applicable regulation, her negligent-infliction-of-emotional-distress claim failed as a matter of law.
3. Summary judgment for Raddatz was proper.

Questions Presented

1. Whether Iowa's funeral-service statutes or regulations imposed on Raddatz a duty to Marilyn Overturff to allow her to direct the disposition of Jack Overturff's remains.
2. Whether the alleged regulatory violation could establish a duty supporting a negligent-infliction-of-emotional-distress claim without physical injury.
3. Whether summary judgment for Raddatz was proper.

Disposition

affirmed