Everyone’s Worst Wrongful Death Nightmare

Survivors of a woman brought an action contending their wife and mother’s remains were disfigured. In two causes of action, plaintiffs alleged decedent was prematurely declared dead, after which she was placed in a compartment in the hospital morgue while still alive, and that the disfigurement to her face happened while trying to escape until she ultimately froze to death. A third cause of action was styled as negligence and based on the factual premise that after the decedent died from cardiac arrest, her body was mishandled by hospital staff when placing it in the morgue The trial court sustained defendants’ demurrers to all causes of action without leave to amend, analyzing the action was untimely since it was filed more than a year after plaintiffs learned of decedent’s death and disfiguring injuries to her face. In affirming with regard to the cause of action for mishandling the body after death, the appellate court stated: “Because the present action was filed more than one year after plaintiffs knew or reasonably suspected their injury, the negligence claim in barred.” However, with regard to the two causes of action involving the factual scenario that decedent was still alive when she was sent to the morgue, the appellate court stated: “The facts alleged do not permit the conclusion, as a matter of law, that a reasonable investigation of all potential causes of the injury plaintiffs suspected at the time of decedent’s death would have uncovered the factual basis for the negligence and wrongful death claims [within one year,] . . . and we reverse the orders dismissing those claims.” (Arroyo v. Plosay (Cal. App. Second Dist., Div. 4; April 2, 2014)225 Cal.App.4th 279, [170 Cal.Rptr.3d 125].)