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Jurors on Thursday sided with Fairhaven Park and Mortuary in declining to award damages to the parents of a 2-month-old boy, whose burial service was interrupted multiple times due to staff mistakes.
William Gutierrez and Jacqueline Bahena planned a funeral for their son, Zayid Gutierrez, at the Santa Ana memorial park, where they had a burial space picked out. Their son died Feb.
27, 2022. On the day of the funeral and burial service, on March 17 of that year, the couple was told the plot they picked wasn’t feasible, their attorney, Eric Dubin said.
Multiple mishaps led to several delays in the funeral and burial service that day, leading to the couple’s lawsuit. Jurors began deliberating Thursday afternoon, Sept.
17, and reached verdicts for the defense by the end of the day, Fairhaven attorney Toby Magarian said. Dubin said jurors found Fairhaven negligent, but did not award any damages to the plaintiffs.
“We are very pleased the jury found (the company that owns Fairhaven) negligent for the improper burial of their baby,” Dubin said.
“We understand the law is very difficult for proving strictly emotional distress damage claims, and respect the jury and court.” Magarian said in his closing argument Thursday the boy’s parents “were repeatedly offered refunds that were rejected.” The attorney disputed that the contract with the couple was breached.
“It wasn’t smooth, but it was completed,” Magarian argued. The attorney also argued that the mistakes made by the staff did not amount to “outrageous conduct,” an element required in verdicts jurors considered.
He argued that something like murder or sexual abuse would qualify. “It does not include trivialities,” Magarian argued.
“These were mistakes made. None of the conduct was outrageous.
… They were in an unfortunate situation because of mistakes.” Magarian acknowledged, “It was a difficult day for the plaintiffs … but you have to determine if this rises to the level of severe emotional distress.” Magarian said there wasn’t any evidence the couple had to seek counseling for a mistake-ridden funeral.
They did, however, receive grief counseling for the death of their son, he noted. Magarian conceded $8,745 for the funeral expenses.
“They should get that back,” he said. “But $2 million for something that was one day in their lives,” he said.
“Their son was (eventually) placed in the correct vault.” Dubin argued it is a universally held value that the dead deserve a service with dignity. “These are sacred issues here.
This is not, ‘We’ll refund your security deposit.’ There is a need for justice in this case,” he argued.
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